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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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Remission for Correctional Inmates: Legal Requirements and Societal Impacts in Cases of Corruption, Terrorism, and Narcotics Arief Budi Wicaksono; Hartoyo Hartoyo; Fathul Hamdani
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.v3i1.856

Abstract

Remission constitutes a right granted to inmates who meet specific requirements as a form of recognition for good behavior during imprisonment. This study aims to examine the requirements for granting remission to correctional inmates and analyze the societal impacts when remission is given to convicts of corruption, terrorism, and narcotics offenses. The research employs a normative juridical approach through a literature study. The findings demonstrate that remission possesses a clear legal foundation encompassing both general and specific requirements, particularly for perpetrators of serious crimes. General requirements include serving at least six months of imprisonment, demonstrating good behavior, and actively participating in guidance programs. For special crime perpetrators, additional requirements apply, including becoming justice collaborators, paying fines and compensation, and participating in deradicalization programs. However, granting remission to special crime convicts generates negative impacts on public perception of justice, deterrence effects, and the integrity of law enforcement. The research concludes that a more selective and accountable remission policy supported by public oversight is necessary to align with the objectives of correctional guidance and legal justice.
The Effectiveness of Narcotics Crime Investigation by the Narcotics Investigation Unit from the Perspective of the Indonesian Criminal Procedure Code Syabdha Alamsyah; Sri Astutik; Noenik Soekorimi
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.v3i1.857

Abstract

This research examines the effectiveness of narcotics crime investigation by the Narcotics Investigation Unit (Satuan Reserse Narkoba) from the perspective of Indonesia's Criminal Procedure Code (KUHAP) and related legislation. The study also analyzes the juridical-normative obstacles encountered during investigation processes, along with potential solutions under Indonesian positive law. As an extraordinary crime, narcotics offenses require precise and legally sound investigation methods. However, investigative practices often face challenges due to inconsistencies between legal norms and field implementation, limited resources, and the absence of clear regulations on special investigative techniques such as wiretapping and controlled delivery. This normative legal research employs statutory and conceptual approaches, analyzing primary legal materials including Law Number 8 of 1981 (KUHAP), Law Number 35 of 2009 on Narcotics, and various implementing regulations. The findings indicate that narcotics investigations are not yet optimal due to weak technical regulations, disharmonized laws between KUHAP and the Narcotics Law, overlapping authority between the Police and the National Narcotics Agency (BNN), and a lack of protection for whistleblowers and witnesses. The legal gap in regulating special investigation methods creates uncertainty in evidence admissibility. Proposed solutions include regulatory reform through KUHAP revision, improving investigator competence through specialized training, utilizing modern technology, strengthening inter-agency coordination, and enhancing internal and external oversight mechanisms. Legal reform and institutional synergy are essential to enhancing the overall effectiveness of narcotics investigations in Indonesia.
Mediation of Divorce Disputes by Village Governments from the Perspective of Progressive Legal Theory: Study of Effec-tiveness and Implementation in Banra'as Village, Sumenep Regency Mawardi Mawardi; Roibin Roibin; Musleh Harry
International Journal of Law and Society Vol. 3 No. 2 (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.v3i2.888

Abstract

The increasing rate of divorce in rural areas indicates serious challenges in maintaining family resilience as well as the limited effectiveness of formal litigation-based dispute resolution. Judicial processes that tend to be procedural, time-consuming, and focused on legal termination often fail to address the substantive justice needs of the disputing parties. Consequently, alternative dispute resolution mechanisms that are more responsive to local social and cultural values are required. This study aims to examine the effectiveness and implementation of divorce mediation facilitated by the Village Government of Banra’as, Sumenep Regency, through the perspective of Progressive Legal Theory. This research employs a qualitative approach with an empirical research design. Data were collected through field observations, in-depth interviews with village officials, community leaders, and individuals who had previously participated in the mediation process, as well as documentation related to divorce dispute resolution practices at the village level. Data analysis was conducted using a descriptive-analytical method, focusing on mediation practices as a manifestation of living law within the community. The findings reveal that divorce mediation facilitated by the village government demonstrates a relatively high level of effectiveness in reducing divorce cases. This effectiveness is influenced by a familial approach, the utilization of local wisdom, and the strong internalization of religious values within the social life of the Banra’as community. From the perspective of Progressive Legal Theory, this mediation practice reflects a flexible and non-positivistic understanding of law that prioritizes humanity and substantive justice. Village-based mediation not only serves as an alternative dispute resolution mechanism but also functions as a social instrument to preserve family harmony and strengthen social resilience in rural communities.
Implementation of the Role of the Marriage Guidance and Preservation Advisory Board (BP4) in Maintaining Household Harmony Ayi Ishak Sholih Muchtar; Ah. Fathonih; Aden Rosadi; Januri Januri
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.v2i4.895

Abstract

This research addresses the high divorce rate in three districts and cities, highlighting the lack of household harmony and integrity. The study focuses on the role and function of the Marriage Guidance and Preservation Advisory Board (BP4) in consultation and mediation. The objectives of the research are: 1) To identify the role of BP4 in fostering household harmony, 2) To examine the implications of Family Law in BP4’s role, and 3) To analyze BP4’s contribution to household harmony in East Priangan. The research employs a sociological juridical approach, examining the law based on norms and regulations while assessing its empirical application in community life. The research adopts qualitative methods. The findings show that: 1) BP4's role in maintaining household harmony is functioning normatively and functionally through non-litigation counseling and mediation, but its implementation remains uneven and reactive, preventing optimal development of the preventive function. 2) BP4’s legal implications are strong as a pre-litigation mechanism, but its limited authority and minimal integration with the judicial system hinder its effectiveness. 3) Barriers to BP4’s assistance include low participation, limited legal authority, a litigative culture, and weak institutional capacity. The research suggests a new model for Restorative-Preventive Family Governance to strengthen BP4’s role in conflict prevention

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