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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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Implementation of Civil Sanctions against Defaulting Customers at the Tirta Daroy Regional Drinking Water Public Company Banda Aceh City Muhammad Ilham Fauzi; Teuku Ahmad Yani; Muhammad Jafar
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.v2i4.793

Abstract

Qanun of Banda Aceh City Number 4 of 2022 emphasizes that the Tirta Daroy Regional Public Company of Drinking Water aims to provide fair and sustainable drinking water services. The legal relationship between the customer and the company is regulated through the Decree of the Board of Directors PEG Number. III/10/PDAM/2020. However, there are still many customers who are in default in the form of late payments that cause losses to the company and are contrary to Article 1243 of the Civil Code regarding the obligation of debtors to compensate for losses due to negligence. This study aims to analyze the default settings in the customer connection agreement at  the Tirta Taroy Regional Public Drinking Water Company  , identify the factors causing defaults, and explain the form of applying civil sanctions to customers who commit defaults. This study uses an empirical juridical method with qualitative descriptive analysis based on legal and field data. The results of the study show that the most dominant forms of default in customers of the Tirta Daroy Regional Drinking Water Public Company are late and arrears of payments, not paying at all and misuse of water connections. The main causative factors include economic conditions, administrative negligence, and intentional elements. Legally, this default causes financial losses and disrupts the sustainability of public services. Sanctions are applied in stages through notices, warnings, summonses, to fines, compensation, or disconnection. The Tirta Daroy Regional Public Company is advised to follow up on customer complaints, improve the billing system, adjust the sanction clause proportionately, and increase legal awareness through socialization.
Innovation in Public Policy Administration: The Use of In-formation Technology to Enhance Transparency and Ac-countability Natsir Mallawi; Nurasia Natsir
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.v2i4.795

Abstract

Information technology (IT) has emerged as a critical component of public administration, offering significant potential to enhance transparency and accountability in governance. This comprehensive qualitative case study research examined how information technology implementation influences transparency and accountability mechanisms in public policy administration, while identifying critical challenges and success factors. The research employed embedded multi-case study methodology, collecting data through 118 semi-structured interviews with government officials (n=45), citizen-users (n=38), IT professionals (n=15), civil society representatives (n=12), and academic researchers (n=8), complemented by document analysis and direct observation (280 hours) across four case sites representing diverse governance contexts. Key findings demonstrate that information technology implementation significantly enhances government transparency through multiple mechanisms: public information portals increased citizen information access from 25-30% to 78-82%, mobile applications extended service accessibility from 15-20% to 42-55% in rural areas, and social media platforms reached 60-70% of citizens with policy information. Similarly, IT implementation strengthened accountability through online complaint systems that reduced government response times from 28-45 days to 5-12 days (60-75% improvement), automated audit systems that detected 35-55% more compliance violations, and real-time monitoring systems that reduced audit completion time by 40-50%.  The findings have implications for government practitioners seeking evidence-based guidance for IT implementation, policymakers developing governance policies leveraging technology, and academic researchers studying digital governance and public administration innovation.
Comparative Analysis of Development Administration Models Between Developed and Developing Countries Wahyudi Mokobombang; Khaeriyah, Khaeriyah
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.v2i4.796

Abstract

This research compares development administration models between developed and developing countries. Using comparative analysis, this study evaluates policies and best practices from both contexts. Research findings reveal significant differences in development approaches and outcomes, as well as implications for policy development. The analysis demonstrates that developed countries predominantly employ post-bureaucratic, participatory, and innovation-driven models characterized by strong institutional capacity, high levels of digitalization, decentralized decision-making, and robust accountability mechanisms. In contrast, developing countries frequently rely on hybrid models combining traditional bureaucratic structures with nascent reforms, constrained by limited resources, capacity gaps, institutional weaknesses, and political economy challenges. Critical differentiators include governance quality, administrative capacity, technological infrastructure, resource availability, stakeholder participation levels, and policy implementation effectiveness. Despite contextual differences, successful development administration in both settings shares common elements, including political commitment, adaptive capacity, citizen engagement, evidence-based policymaking, and continuous learning mechanisms. The research identifies transferable lessons and contextual adaptation requirements for developing countries seeking to enhance their development administration systems.
Digital Transformation in Public Services: A Study of E-Government Implementation in Indonesia Syafarudin, Syafarudin; Abd Haris
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.v2i4.797

Abstract

Digital transformation has fundamentally reshaped the landscape of public service delivery worldwide, with e-government emerging as a critical mechanism for enhancing government efficiency, transparency, and citizen engagement. This article provides a comprehensive analysis of e-government implementation in Indonesia, examining the trajectory of digital transformation in public services, the institutional frameworks supporting this transition, and the multifaceted impacts on service quality and governance outcomes. Through systematic literature review and critical policy analysis, this research explores the evolution of Indonesia's e-government initiatives from early adoption to current comprehensive digital service platforms, investigating both successes and persistent challenges. The findings reveal that Indonesia has made substantial progress in developing e-government infrastructure and applications across national and local government levels, with notable achievements including integrated digital identity systems, online business licensing platforms, and citizen complaint management systems. These initiatives have demonstrably improved service accessibility, reduced processing times, minimized corruption opportunities, and enhanced government responsiveness. However, implementation remains uneven across regions and government institutions, constrained by factors including digital infrastructure disparities, limited digital literacy among citizens and officials, organizational resistance to change, inadequate interoperability between systems, and cybersecurity vulnerabilities. The research identifies critical success factors for effective e-government implementation including strong leadership commitment, adequate resource allocation, comprehensive capacity building programs, citizen-centric design principles, robust legal frameworks, and collaborative partnerships between government, private sector, and civil society.
Khawarij and Murji'ah in the Perspective of Contemporary Islamic Thought: Relevance and Challenges in the Modern Era Abdul Husain Natsir; Nurlaelah Abbas
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.v2i4.806

Abstract

This research examines the thought of Khawarij and Murji'ah in contemporary Islamic context with a focus on the relevance and application of these historical theological concepts to issues of extremism and moderation in the modern era. Through a qualitative approach with library research method, this study analyzes the doctrines of both groups and contemporary manifestations of their thinking. The results show that contemporary religious extremism phenomena have ideological connections with classical Khawarij characteristics such as takfirism, textual literalism, and tendency toward violence, while excessive political apathy reflects similarities with Murji'ah. The main challenges identified are how to balance religious commitment with tolerance in plural societies, and to overcome extreme tendencies in religious interpretation. In conclusion, a deep understanding of the historical roots of this thought can contribute to the development of a comprehensive approach to religious moderation in the modern era, with significant implications for social harmony and deradicalization efforts.
Islam-West Interaction in the Modern Era : Historical Dynamics, Contemporary Challenges, and Future Prospects Abdul Husain Natsir; St Halimang
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.v2i4.808

Abstract

This research examines the complex dynamics of Islam-West interactions through a historical-analytical approach, focusing on the evolution of these relations from medieval encounters to contemporary developments. Using qualitative methods through extensive literature review and critical discourse analysis, this study analyzes the multifaceted nature of Islam-West relations across historical periods, contemporary contexts, and emerging paradigms of engagement. Findings reveal that Islam-West interactions have evolved through distinct historical phases: medieval encounters characterized by both intellectual exchange and military conflicts, colonial experiences that created lasting power asymmetries, and contemporary dynamics shaped by geopolitical tensions, migration patterns, and globalization. The research identifies three major contemporary challenges: persistent Orientalist and Islamophobic discourses, geopolitical conflicts intensifying civilizational narratives, and internal diversity within both civilizational spheres that complicates unified engagement. The study proposes a transformative model of Islam-West relations founded on shared ethical values, contextual understanding of religious texts, collaborative approaches to global challenges, and recognition of internal pluralism within both traditions. This research contributes to intercultural understanding by offering a nuanced historical perspective on Islam-West relations and establishing a theoretical framework for constructive engagement in an increasingly interconnected world
Strengthening The Presidential System Through Mechanisms of Public Oversight of The President Rachman, Adinda; Nadir Nadir; Puspitasari, Yuni; Arisandi, Erfan
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.v2i4.809

Abstract

This research aims to analyze Indonesia's presidential system of government through mechanisms of popular control over the president. In a presidential system of government, the president holds full executive power, separate from the legislative and judicial branches. This power must be balanced with strong control mechanisms to prevent abuse of power. One important form of oversight that often receives insufficient attention is direct popular control over the president. The method employed in this research is a juridical-normative method with statutory and conceptual approaches, supported by primary and secondary legal sources, with legal materials collected through literature study. The findings of this research indicate that mechanisms of popular control over the president remain weak, both through legal and political instruments. The impeachment mechanism stipulated in Article 7A of the 1945 Constitution of the Republic of Indonesia is extremely complex. Meanwhile, the oversight function of the House of Representatives (DPR) as the people's representative also does not operate optimally due to the dominance of oversized coalitions, which cause parliament to tend to favor the government. Strengthening popular control functions is not intended to weaken presidential power, but rather to ensure that executive power operates in an accountable and transparent manner while remaining subject to the principle of popular sovereignty, so that Indonesia's presidential system becomes more democratic and enjoys strong legitimacy in the eyes of the people.
Legal Mechanisms of Constitutional Amendment Through the Authoritative Normative Text Approach: A Comparative Study of Indonesia and South Africa Nadir Nadir; Yuni Puspitasari; Adinda Rachman; Erfan Arisandi
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.v2i4.815

Abstract

This study aims to conduct an in-depth analysis comparing the legal mechanisms of constitutional amendment in Indonesia and South Africa. The research employs a normative juridical method with a comparative law approach. Primary data is sourced from the authoritative texts of the 1945 Constitution of the Republic of Indonesia (UUD 1945) and the Constitution of the Republic of South Africa, 1996. Data analysis is conducted qualitatively using content analysis techniques on provisions related to constitutional amendments in both supreme legal documents. The research findings reveal fundamental differences in the constitutional amendment paradigms of both countries. First, Indonesia adopts a rigid amendment system implemented by the People's Consultative Assembly (MPR) with very strict quorum and approval requirements. Second, South Africa adopts a more flexible and differentiated system, where Parliament acts as the constituent authority, with varying approval levels depending on the substance of the amended provisions ranging from simple majority to two-thirds, and even involving the Provincial Council for certain matters. Third, despite different approaches, both countries affirm the principle of constitutional supremacy. These mechanistic differences reflect Indonesia's strategic choice to prioritize consensus and constitutional stability, while South Africa emphasizes constitutional adaptability and responsiveness to socio-political developments.
The Application of the Lex Loci Celebrationis Principle in the Execution of Notarial Deeds Involving Foreign Legal Subjects Thea Farina
International Journal of Law and Society Vol. 3 No. 1 (2026): 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.v3i1.825

Abstract

This article provides a comprehensive examination of the application of the lex loci celebrationis principle in the execution of notarial deeds involving foreign legal subjects within the Indonesian legal system. The principle affirms that any authentic deed executed in Indonesia must comply with national legal requirements, regardless of the parties’ nationality or the existence of transnational legal relations. Through normative legal research employing statutory, conceptual, comparative, and case-study approaches, this article elucidates how the lex loci celebrationis principle interacts with private international law, particularly in relation to the legal capacity of foreign nationals, the use of foreign documents, and the limits of jurisdiction. The analysis reviews the Law on Notarial Office, the Indonesian Civil Code, population administration regulations, as well as doctrinal developments and jurisprudence pertaining to international legal acts. The findings indicate that although the substantive aspects of an agreement may refer to foreign law through lex voluntatis, the formal validity of a notarial deed remains entirely governed by Indonesian law. These findings underscore the need to enhance the competence of notaries in understanding the dynamics of private international law and highlight the importance of harmonizing national regulations with the principles of private international law to ensure legal certainty in cross-border transactions.
Legal Analysis of The Element of Economic Loss to The State in Article 2 Paragraph (1) and Article 3 of The Corruption Crimes Act Munawwar Hamidi; Ida Keumala Jeumpa; Sri Walny Rahayu
International Journal of Law and Society Vol. 3 No. 1 (2026): 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.v3i1.826

Abstract

The ambiguity of the concept of state economic loss in Article 2 paragraph (1) and Article 3 of the Corruption Crime Law (Tipikor Law) has yet to be defined normatively or by an official institution with the authority to do so. This uncertainty has given rise to legal problems in law enforcement, especially after Constitutional Court Decision No. 25/PUU-XIV/2016, which changed the qualification of corruption offenses to material offenses, so that the proof of economic loss to the state must be actual loss. However, in practice, as in the Surya Darmadi corruption case, law enforcement officials still face difficulties in determining the measure and method of proving economic loss to the state in a lawful manner. The issues in this study are the basis for the judge's consideration of the element of economic loss to the state in the Central Jakarta District Court Decision No. 62/Pid.Sus-TPK/2022/PN.Jkt.Pst and the obstacles and constraints in proving the element of economic loss to the state in criminal acts of corruption.This study uses a normative legal method with a statute approach, a case approach, and a conceptual approach. The results of the study show that the first-level panel of judges assessed that environmental damage and the loss of potential state revenue due to the illegal conversion of forest areas were part of the actual economic loss to the state, while the Supreme Court emphasized the importance of limiting this element to actual loss in accordance with Constitutional Court Decision No. 25/PUU-XIV/2016. The obstacles and constraints in proving the element of state economic loss in corruption crimes stem from internal and external factors that are interrelated and affect the effectiveness of law enforcement.

Page 16 of 18 | Total Record : 174

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