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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 172 Documents
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Global Terrorism and Human Rights in Indonesia: Conflict Between Security and Freedom Yessi Juwita lestari Saragih; Timbul Dompak; Karol Teovani Lodan
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.v2i2.676

Abstract

The escalation of global terrorism has posed substantial obstacles to the safeguarding of human rights globally. This study analyzes the intricate relationship between counter-terrorism strategies and human rights, highlighting how security policies may curtail individual liberties. This study conducts a comprehensive examination of several case studies to examine the effects of anti-terrorism laws and procedures in different nations. It further examines the intricate equilibrium that governments must sustain between safeguarding national security and preserving human rights norms. The study utilizes qualitative methodologies, encompassing document analysis and expert interviews in the domain. The findings indicate that although counter-terrorism initiatives are essential for public safety, they frequently lead to infringements of civil liberties, especially impacting underprivileged communities. The paper emphasizes the necessity of tackling these difficulties to guarantee that security measures do not excessively violate basic rights.The report concludes by recommending measures for policymakers to enhance human rights protections within counter-terrorism frameworks. Essential recommendations encompass promoting accountability and transparency in security operations while implementing equitable, non-discriminatory rules. Through the implementation of these measures, governments can proficiently counter terrorism while upholding fundamental human rights principles.
The Position of Customary Criminal Law in Law No. 1 of 2023 on the Criminal Code Maulana Halim Putra; Rizanizarli, Rizanizarli; Sulaiman, Sulaiman
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.v2i3.686

Abstract

Law Number 1 Year 2023 on the Criminal Code (KUHP) is a form of national criminal law reform that recognises the existence of customary criminal law. However, it has not been regulated in detail how the implementation and position of customary criminal law as a reason for criminal prosecution, and there are fundamental differences between the two concepts of the legal system. The problems in this research are how the position between customary criminal law and national criminal law in the new Criminal Code, how the legal certainty of the regulation of customary criminal law in the new Criminal Code, and how the challenges in enforcing customary criminal law using the current criminal justice system in Indonesia. This research uses normative juridical method with regulatory and conceptual approaches. The results show that the applicability of customary criminal law is limited to the area where the law lives and applies to customary criminal acts committed in the area where the law lives. The position of customary criminal law can be valid as a reason for criminal prosecution if the customary law that is still alive in the community has been stipulated in the form of Regional Regulations, and customary offences that are similar to offences in the New Criminal Code will be ruled out, and the classification of customary sanctions as additional sanctions, positioning customary penalties to be complementary or secondary, because additional sanctions can only be imposed together with the main sanctions. Legal certainty towards the regulation of customary criminal law is highly dependent on the formulation of the elements of each offence of customary criminal law stipulated in regional regulations. The current criminal justice system in Indonesia (KUHAP) cannot realise the objectives of customary criminal law. The objectives, characteristics, and procedures in the concept of customary law are contrary to those in the criminal justice system. Restorative Justice can be utilised as an alternative to the settlement of customary criminal cases when the New Criminal Code comes into effect.
Legal Protection of Waqf Land That Is Not Registered at the Land Office Teuku Ikhlasul Mufti; Ilyas, Ilyas; Adwani, Adwani
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.v2i3.690

Abstract

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.
Protection Law To Child: (Based on Constitution Number 35 of 2014 concerning Change on Constitution Number 23 Year 2002 about Protection Children (“Law 35/2014”)) Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi
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.v2i3.691

Abstract

The purpose of this study is to determine the forms of violence against children and how legal protection for children as victims of crime is according to Indonesian criminal law. Legal protection for children is an important issue that requires serious attention from various parties, including the government, society, and family. Children have basic rights that must be protected to ensure they grow and develop properly. This paper discusses the concept of legal protection for children, the legal basis underlying child protection in Indonesia, and the challenges and solutions that can be applied to improve legal protection for children.
Supervision of One-Tier Board System in Indonesia : Comparative Study in Malaysia and Singapore Muhamad Sidik; Suherman Suherman; Atik Winanti
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.v2i3.692

Abstract

This study conducts a comprehensive comparative analysis of one-tier board supervision mechanisms across Indonesia, Malaysia, and Singapore, examining the effectiveness of corporate governance frameworks in emerging market contexts. The research employs a doctrinal normative legal methodology, analyzing statutory instruments including Indonesia's Job Creation Law No. 6 of 2023, Malaysia's Companies Act 2016, and Singapore's Companies Act 1967. The introduction of Indonesia's Individual Limited Liability Company (PT Perseorangan) represents a significant paradigmatic shift from traditional two-tier governance structures, necessitating examination of supervisory adequacy within simplified corporate frameworks. The comparative analysis reveals fundamental disparities in regulatory sophistication, with Malaysia and Singapore demonstrating comprehensive fiduciary duty frameworks, mandatory company secretary requirements, and graduated enforcement mechanisms. In contrast, Indonesia's PT Perseorangan exhibits critical institutional deficiencies, including normative conflicts between statutory provisions, limited directorial responsibility regulation, and inadequate enforcement responsiveness. The findings demonstrate that effective one-tier governance systems require sophisticated institutional support mechanisms extending beyond regulatory simplification. Malaysia's stringent Section 213 fiduciary duty provisions and Singapore's technology-enabled enforcement approach provide robust oversight despite absent traditional supervisory boards. The research establishes that successful governance transitions require institutional preparation rather than mere regulatory amendment, with Indonesia's framework requiring substantial reform incorporating company secretary mandates, comprehensive fiduciary duty provisions, and graduated enforcement systems. These findings contribute to institutional theory literature by demonstrating context-dependent governance effectiveness and provide practical recommendations for enhancing corporate accountability in simplified governance structures within emerging market jurisdictions.
The Role of the Village Government in the Relocation of Bong Suwung Localization, Yogyakarta City Pamungkas Pamungkas; Sugiyanto Sugiyanto
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.v2i3.696

Abstract

The Special Region of Yogyakarta (DIY) is known as an important tourist destination, and tourism development requires an increase in both demand and supply sides. Transportation, especially Tugu Yogyakarta Station managed by PT Kereta Api Indonesia (KAI), is an important element in the offer aspect. PT KAI seeks to improve the quality of service by relocating residents from the Bong Suwung area in Gedongtengen District to facilitate the arrangement of the area around the station. This process involves the socialization and execution stages to reduce conflicts with residents. Yogyakarta Mayor Regulation Number 121 of 2020 regulates the role of urban villages in providing protection for the community. This study uses a qualitative approach focusing on policy research with. The research location is in Bong Suwung, Pringgokusuman Village, Gedongtengen Village, Yogyakarta City. Data is collected by observation, interview, and documentation techniques, primary and secondary data are integrated in the context of analysis, informance is determined by propursive sampling. The results of the study show that even though the Village has carried out data collection, socialization, and coordination with related parties, the aspect of economic empowerment for ex-prostitutes is still very minimal. The reluctance of the Village to be more involved in the training and economic empowerment program, on the grounds that the program is not part of the activities of the Yogyakarta City Government, creates a gap in coordination between institutions and hinders the socio-economic recovery of the affected communities.
Collaborative Governance: the Role of the House of Representatives in the Relocation of Bong Suwung Localization, Yogyakarta City Nailul Himam; Sugiyanto Sugiyanto
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.v2i3.697

Abstract

The issue of prostitution in Yogyakarta, especially in the Bong Suwung area, reflects the complexity that involves social, economic, and legal aspects. Despite regulations, prostitution practices continue to increase, presenting challenges in law enforcement and individual protection. The process of relocating Bong Suwung by PT KAI faced protests from residents who felt they were not treated fairly. In this context, the application of the concept of Collaborative Governance is important, with collaboration between the DPRD, local governments, and the community to achieve more humane and equitable solutions. The DPRD plays a role as a mediator, accommodating the aspirations of the community and ensuring transparency in the relocation process. This research shows that success in addressing prostitution and relocation issues is highly dependent on the collaborative capabilities of various actors, as well as the application of Collaborative Governance principles to create responsive public policies and reduce potential conflicts
The Psychological and Economic Impact of Residents on the Closure of Bong Suwung Localization in Yogyakarta City Mujiyanto Mujiyanto; Sugiyanto Sugiyanto
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.v2i3.698

Abstract

Economic development in Indonesia aims to improve people's living standards and welfare, but challenges such as high poverty rates are still a significant problem, especially in the Special Region of Yogyakarta (DIY). This study aims to analyze the economic impact of the closure of the localization of Bong Suwung, which is one of the centers of prostitution in Yogyakarta. Approach to descriptive qualitative research. Data is collected by observation, interview, and documentation techniques, primary and secondary data are integrated in the context of analysis, informance is determined by propulsive sampling. The results of the study show that the closure of localization has a negative impact on people's incomes, including traders, parking attendants, and commercial sex workers (PSK). Many traders lost customers and income, while prostitutes were forced to look for new locations to operate. On the other hand, the closure affects the psychological condition of children from affected families, who have difficulty in continuing their education. This research highlights the importance of a more comprehensive approach in dealing with social and economic problems, as well as the need for support for affected communities to adapt and find alternative sources of livelihood.
Consumer Rights in the Fintech Lending Era Amid Legal Challenges of a Borderless World Oktaviana Ayu Sekar A; Prastyanti, Rina Arum
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.v2i3.577

Abstract

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.
A Study of Inheritance Distribution from the Perspective of the Compilation of Islamic Law (KHI) and Civil Law: A Case Study in Kwaron and Grogol Villages, Diwek District, Jombang Regency M. Lathif Bashar; Khoirul Anwar
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.v2i3.693

Abstract

This study aims to examine and compare the practices of inheritance distribution in Kwaron and Grogol Villages, Diwek District, Jombang Regency, from the perspectives of the Compilation of Islamic Law (KHI) and Civil Law. This qualitative research adopts a case study approach, collecting data through in-depth interviews, field observations, and document studies. The findings indicate significant differences in inheritance distribution practices between the two villages, influenced by social, cultural, and legal interpretive factors. The study also finds that legal ambiguity and limited public understanding of inheritance law often lead to conflicts. Moreover, it reveals that mediation and conflict resolution through customary and religious approaches tend to be more effective than formal legal processes. The study recommends enhancing public awareness of inheritance law and developing more integrative conflict resolution mechanisms.

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