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Contact Name
Febri Adi Prasetya
Contact Email
garuda@apji.org
Phone
+6285642100292
Journal Mail Official
Fatqurizki@apji.org
Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195
Location
Kota semarang,
Jawa tengah
INDONESIA
International Journal of Law and Society
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
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
Criminal Liability of Perpetrators of Health Care Malpractice Andi Mirza; Dahlan; Teuku Muttaqin Mansur
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.v2i3.699

Abstract

Health care is a fundamental right of every citizen guaranteed by the constitution and various laws and regulations. However, in practice there are still cases of health care malpractice that often occur, either due to negligence, carelessness, lack of competence, or violation of professional standards. Such actions not only have an impact on the physical and psychological harm of patients, but also raise questions regarding the legal responsibility of the perpetrators, especially in the criminal realm. The problems in this study are how health care malpractice in the perspective of criminal law and how criminal liability for health care malpractice. This research uses normative juridical research method with statute approach and conceptual approach. The results showed that health care malpractice must be viewed as a criminal offence that can be subject to criminal liability in accordance with the provisions in the Criminal Code, Law Number 17 of 2023 concerning Health, and other regulations.
Legal Protection for Vehicle Owners in Lawsuits for Unlawful Acts of Confiscation of State Land: Review of Decision 27/Pdt.G/2019/Pn.Tbk Handika Ramadhan; Muhammad Insa Ansari; Muhammad Adli
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.v2i3.700

Abstract

This study examines the legal protection of the owner of the means of transportation in cases of unlawful acts (PMH) related to state deprivation, based on the Study of Decision Number 27/Pdt.G/2019/Pn.Tbk. The main focus of this study is to analyze the legal position of the owner of the transportation facilities who are not directly involved in the crime, but suffer losses due to acts of confiscation by the state. The research method used is empirical normative with a case study approach. The results of the study show that the court in the decision did not provide adequate protection for the civil rights of the owner of the means of transport, even though there was no evidence of direct involvement in the crime. This decision indicates the weak legal protection for third parties in good faith and the importance of strengthening the principle of due process of law in the process of confiscation by the state so as not to violate legitimate civil rights. This study recommends the need for a clearer regulation of the mechanism of objection and restoration of rights for parties aggrieved by acts of state deprivation.
Protection of Privacy Rights in The Digital Era Between Cybersecurity and Freedom of Information Kaaisar Romolus Deo Sianipar; Rahmayanti Rahmayanti; Andi Gultom
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.v2i3.701

Abstract

The digital era has brought significant changes in the way humans access, store, and share information. Amidst these technological advances, major challenges have emerged to the protection of individual privacy rights. Personal information is increasingly easy to collect and process by various parties, both by state institutions, technology companies, and individual users. On the other hand, the need for freedom of information is also increasing, especially in the context of transparency, public participation, and data openness. The balance between cybersecurity and freedom of information is a crucial issue that must be addressed comprehensively. This paper aims to examine the protection of privacy rights in the digital era by highlighting the tension between data security efforts and demands for information openness. The method used is a literature study with a qualitative approach. The results of the study show that privacy protection requires clear regulations, such as the Personal Data Protection Law in Indonesia, as well as public awareness in protecting personal data. On the other hand, freedom of information must still be maintained so that it is not misused to violate individual rights. Therefore, a balanced approach is needed between regulation, education, and technology to create a digital space that is safe, fair, and respects human rights.
Criminal Act of Document Forgery Under Article 263 Paragraphs (1) and (2) of the Indonesian Penal Code Tedy Subrata; Suandi Suandi; Markuat Markuat; Salmah Salmah; Turija Turija; Chairul Aman
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.v2i3.712

Abstract

Document forgery is a criminal offense that frequently occurs in society, despite being clearly regulated under Article 263 Paragraphs (1) and (2) of the Indonesian Penal Code (KUHP). This community service activity, conducted in Bantarpanjang Village, Tigaraksa District, Tangerang Regency, aims to raise public legal awareness regarding document forgery crimes. Through legal education sessions, the community was informed about the elements of documented forgery offenses, various forms of forgery, and the associated legal consequences, including imprisonment of up to six years. The program also emphasizes the importance of verifying the authenticity of documents used in legal and social transactions. The results showed high enthusiasm and participation from the community, along with an increase in their understanding of the importance of valid legal documents. Comprehensive evaluations were carried out to measure the effectiveness, sustainability, and impact of the program in enhancing community legal awareness.
The Application of Qanun Jinayat Law in Handling Online Gambling Cases at West Aceh Syar’iyah Court Jurisdiction Rusnan Dinata; Mohd. Din; Teuku Saiful
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.v2i3.721

Abstract

The phenomenon of online gambling has become a serious problem in various regions, including West Aceh Regency. data on cases handled by the West Aceh District Syar'iyah Court in the period 2021 to 2024 shows a significant increase in cases. Online gambling as part of jarimah maisir has different characteristics from conventional forms of gambling, namely digital, hidden, cross-regional, and difficult to detect by the naked eye by law enforcement officials and the general public. The problems in this study are How is the application of qanun jinayat law against online gambling offenders in the jurisdiction of the West Aceh District Syar'iyah Court, What are the obstacles faced in applying the law to online gambling offenders based on qanun jinayat law, and What are the efforts to prevent online gambling violations in the West Aceh area. This research uses empirical legal methods with a field research approach and case studies. The results showed that the application of Aceh Qanun Number 6 of 2014 concerning Jinayat Law against online gambling offenders was in accordance with the procedures of jinayat law, but its implementation was still not optimal. The Syar'iyah Court has handled a number of cases, but the number is not proportional to the potential violations. The main obstacles include limited regional authority in blocking sites, lack of digital forensic experts, absence of district-level cyber units, and weak coordination between agencies. Prevention is carried out through digital education by DISKOMINSA, thematic dakwah by the Islamic Sharia Office, as well as the Gampong Tolak Judi Online programme involving the community and the formation of the Gampong Pageu Task Force.
Legal Analysis of the Procedure for Determining Contentious Heirs at the Banda Aceh Sharia Court Rian Apriesta Ramsadefa; Ilyas Yunus; Zahratul Idami
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.v2i3.746

Abstract

The determination of contentious heirs at the Banda Aceh Syar'iyah Court is a legal procedure carried out when not all heirs are involved in submitting an application for determination of heirs. However, in practice, this application is still rarely submitted and is poorly understood procedurally. This study aims to analyze the Application Procedure for the Determination of Contentious Heirs applied at the Banda Aceh Syar'iyah Court and the obstacles and obstacles faced in the implementation of the Application Procedure for the Determination of Contentious Heirs at the Banda Aceh Syar'iyah Court. This research uses a type of empirical juridical research, which is research that examines law not only as a written norm but also as real behavior in judicial practice. Data were obtained from field research, interviews, and literature. Data analysis uses qualitative methods. The results of the study show that the contentious procedure includes the stages of summoning the respondent, mediation, reading of the application, answers, replicas, duplicates, proof, conclusions, and decisions by the panel of judges, as well as opening up opportunities for legal remedies such as appeals, cassation, and review. The submission of an application for the determination of heirs in a contentious manner is often constrained because the defendant refuses to participate or his whereabouts are unknown, thus hindering the court process and the fulfillment of inheritance rights.
US-EU Trade War, Indonesian Exports Threatened to Be Dragged A. Junaedi Karso
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.v2i3.748

Abstract

The reciprocal tariff policy has a significant impact on a number of countries, including Indonesia. In this scheme, Indonesian non-oil and gas products are subject to a tariff of 32% when entering the US market. Such a high tariff places Indonesian exporters in a less competitive position compared to other countries that have more favorable trade arrangements with the United States. This condition becomes more complex when viewed in the broader context of the US-EU trade war, which creates uncertainty and turbulence in the global economy. Indonesian exports are affected both directly and indirectly. Indirect impacts can be seen from disruptions to the global supply chain, the slowdown in the world economy, and decreased global demand. As global production networks become increasingly interconnected, any disruption in major economies will ultimately suppress demand for Indonesian export commodities. This means that even if Indonesian products are not directly targeted, the ripple effects of global trade tensions will still hinder Indonesia’s export performance. For instance, reduced consumption in Europe and the US due to rising product prices and inflation will diminish market opportunities for Indonesian goods.On the other hand, direct impacts arise because several Indonesian products have been explicitly subjected to tariffs by the US government. These include textiles and textile products (TPT), electronics and their components, footwear, furniture, and palm oil (crude palm oil/CPO). Such tariffs significantly reduce Indonesia’s competitiveness in the US market, potentially leading to decreased export volumes, lower revenues for domestic industries, and job losses in export-oriented sectors. Furthermore, the policy also makes European products much more expensive in the US market, which worsens the global supply chain, increases logistics costs, triggers inflation, and escalates uncertainty in international trade.
Analysis of the Impact of Family Card Issuance Policy on Married Couples: Legal, Social, and Economic Implications Nanda Zulisma Yenni; Azhari Yahya; Muhammad Adli
International Journal of Law and Society Vol. 2 No. 4 (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.v2i4.761

Abstract

The creation of Family Cards for couples resulting from serial marriages is an administrative policy of the government, but this policy raises legal problems. This is because serial marriages are still not officially recognized according to Law Number 1 of 1974 concerning Marriage. This policy is considered not to provide complete legal protection and has the potential to weaken the principle of legality in the Indonesian marriage legal system. This study aims to analyze the background of serial marriages, analyze the policies of the Dukcapil government in providing legal protection for serial marriages, and analyze the policy of issuing family cards for serial marriage couples. The type of research used is normative legal research using legislative, conceptual, and case study approaches. Data is collected through literature research and compiled qualitatively. The results of the study show that serial marriage occurs due to economic, religious, cultural, social, and lack of legal understanding. Many people choose it because it is considered practical, cheap, and religiously legal, even though it is not recognized by the state. Dukcapil can indeed issue Family Cards for serial couples for administrative needs, but that does not make the marriage legally valid. As a result, legal protections for wives and children remain weak, especially related to inheritance, alimony, child recognition, and civil disputes.  The Marriage Law requires registration for marriage to be legal, so the issuance of family cards for serial couples has the potential to cause multiple interpretations and conflicts of legal norms. The suggestions of this research are to improve legal education, simplify marriage registration, strengthen the role of religious/traditional leaders, and expand isbat nikah so that the family rights of serial couples are legally protected.  
Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 4 (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.v2i4.763

Abstract

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.
Implementation of Restorative Justice for Children at the Binjai Police Yusuf Syahputra, Robby; Rahmayanti, Rahmayanti
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.v2i3.767

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System shifts the paradigm of child handling from a retributive approach to a restorative one through a diversion mechanism. This study aims to analyze the effectiveness of the application of restorative justice in handling cases of child abuse in the jurisdiction of the Binjai Police. The method used is empirical juridical with a socio-legal research approach, including document studies, observations, and interviews with child perpetrators, victims, and investigators. Of the 36 cases of child abuse, 25 cases (69.4%) were resolved through diversion and 11 cases (30.6%) through the formal justice process. The research findings indicate that the application of restorative justice is effective in reducing the criminalization and stigmatization of children and is in line with the principle of the best interests of the child as specified in the SPPA Law. However, optimization of implementation needs to be done through strengthening human resources, improving coordination between stakeholders, and developing a periodic evaluation system. This research contributes to the development of a more humane and sustainable juvenile criminal justice policy.