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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 217 Documents
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Comparative Lessons from Canada: Reforming the Sentencing Framework for Juvenile Offenders in Indonesia Rusmilawati Windari; Bagaz Zubaba
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1040

Abstract

Since 2012, the Juvenile Criminal Justice System of Indonesia has had a paradigm shift in the formulation of sentencing provisions for juvenile offenders, from retributive to a combination of rehabilitative and reintegrative efforts. The core of its system is how to prioritize restorative justice at every judicial level, providing many options for non-custodial sanctions and limiting the imposition of custodial sentences. Nonetheless, the law continues creating potential inconsistencies in judicial practice because the current legal frameworks provide limited guidance on sentencing objectives, judicial reasoning, and the differences between sanctions and protective measures. Conversely, Canada chooses balancing retributive, rehabilitative, and reintegrative efforts. The Youth Criminal Justice Act of Canada provides a more structured and coherent sentencing legal framework by ruling on explicit sentencing principles, comprehensive judicial criteria, and integrated community-based reintegration mechanisms. This study examines the juvenile sentencing framework in Indonesia and Canada. By applying a comparative and statutory approach, this study analyzes the provisions on four elements of sentencing, encompassing sentencing objectives, type, severity, and mechanism. It is geared to achieve the aim of identifying potential reforms to strengthen the Indonesian juvenile criminal justice system. Eventually, the findings show that future reform in Indonesia should prioritize legislative refinement by establishing clearer sentencing objectives and developing detailed sentencing guidelines, expanding community-based sanctions, requesting a strict judicial reasoning for the imposition of custodial sanctions, ruling post-release supervision, and considering the imposition of adult sentence for serious crimes.
A Comparative Analysis of the Relation Between Local Identity and State Law in Yogyakarta and Pattani Triwahyuningsih Triwahyuningsih; Dikdik Baehaqi Arif; Anom Wahyu Asmorojati; Yasir Marzuqi
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1043

Abstract

Legal recognition of local identity does not necessarily confer an equivalent position within the state. This study examines how state law frames local identity in the Special Region of Yogyakarta, Indonesia, and Pattani, Thailand, focusing on forms of recognition, institutionalization, scope of authority, and legal boundaries. The study employs normative legal research using statutory, conceptual, and comparative approaches. The analysis examines legal frameworks concerning Yogyakarta’s special status, culture, governmental authorities, and cultural policies, as well as Pattani’s application of Islamic law, language, and education. The findings identify two models of legal framing. Yogyakarta represents institutionalized recognition, in which cultural identity is legitimized through special status, governmental authorities, institutional arrangements, and cultural policies, incorporating local identity into state governance. Pattani represents selective accommodation, in which Malay-Muslim identity receives legal space through sectors, particularly religion, language, and education, without comprehensive institutional recognition. The study concludes that legal recognition is ambivalent: law strengthens local identity through legitimacy and protection while regulating it through categorization, regulation, and constraints on authority. Thus, the position of local identity depends on institutional depth and legal boundaries of recognition.
Do Not Resuscitate (DNR) Decision-Making in Terminally Ill Patients: Integrating Nursing Ethics and Maqāṣid al-Sharīʿah from an Islamic Law Perspective Salahuddin Al Ayyubi
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1046

Abstract

The decision to implement Do Not Resuscitate (DNR) is a complex issue in terminally ill patients, as it involves not only medical considerations but also ethical, legal, religious, cultural, and patient-preference considerations. In nursing practice, DNR decisions create a dilemma between the obligation to preserve life and the need to avoid medical interventions that provide no benefit or that merely prolong suffering. This article aims to analyze DNR decision-making in terminally ill patients through the integration of nursing ethics and maqāṣid al-sharīʿah from the perspective of Islamic law. The method used is a descriptive-analytical literature review of scientific publications, ethical guidelines, Indonesian health regulations, and Islamic bioethics studies. The findings indicate that DNR decisions should ideally be made collaboratively, involving the patient, family, physicians, and nurses, together with religious scholars or ethics committees when necessary. From an Islamic perspective, DNR under certain conditions can be distinguished from active euthanasia, since its purpose is to avoid futile resuscitation rather than to intentionally end life. The principles of hifẓ al-nafs (preservation of life), lā ḍarar wa lā ḍirār (no harm and no reciprocal harm), maṣlaḥah (public benefit), human dignity, and palliative care can serve as a foundation for decision-making that prioritizes the patient's welfare and quality of life at the end of life
Legal Protection for Good Faith Buyers in the Sale and Purchase of Customary (Adat) Land Rights Still Under Pledge (Gadai) Status in Gayo Lues Regency Dita Nabila Jania Liswan liswan; Yusri Yusri; Ida Keumala Jeumpa
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1053

Abstract

Customary (adat) land transactions in Gayo Lues Regency remain influenced by trust, kinship, mutual agreement, and community openness. Sales are commonly conducted informally, witnessed by the village head (Penghulu) and community members, without a Deed of Sale and Purchase (AJB) prepared by a Land Deed Official (PPAT) or registration at the Land Office. Problems arise when land remains under pledge and is transferred to a third party without the pledgee’s knowledge, while the buyer believes it is free from legal problems. This study examines the protection and legal standing of good faith buyers under customary and positive law. It employs an empirical juridical method with a sociological approach. Primary data were obtained through interviews with respondents and informants, while secondary data came from a literature review of primary, secondary, and tertiary legal materials. Findings indicate that legal protection takes repressive and preventive forms. Repressive protection involves dispute resolution through deliberation and compensation, followed by litigation if agreement cannot be reached. Preventive protection includes examining the land’s history, settling the pledge, executing an AJB through a PPAT, and registering the right.
Legal Certainty of the Position of Justice Collaborator in the Criminal Justice System as a Party Cooperating with Law Enforcement Nani Widya Sari; Guntarto Widodo; Oksidelfa Yanto; Gregorius Hermawan Kristyanto; Endi Arofa
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1054

Abstract

This study is purposed to analyse the legal certainty regarding the status of a justice collaborator within the criminal justice system, the nature of the cooperation between the justice collaborator and law enforcement in uncovering criminal offenses, and the resulting legal consequences for the justice collaborator. The research employs a normative-juridical method—a form of legal research that examines and analyzes applicable legal norms relevant to the issue at hand, utilizing data gathered through a literature review. The findings indicate that enacting specific legislation (lex specialis) concerning justice collaborators is crucial for ensuring legal certainty and providing maximum protection for them. Such specific regulation would facilitate the determination of status and protection schemes, as well as the granting of sentence reductions. The cooperation of a justice collaborator begins with a commitment to assist law enforcement in exposing complex, organized crimes that are otherwise difficult to uncover. Consequently, the justice collaborator is required to provide honest and consistent testimony to help identify other principal perpetrators. Given the significant risk of intimidation and threats directed at them and their families, justice collaborators are entitled to comprehensive and maximum safety protection.
Green Criminology: The Urgency of Applying Strict Liability to Corporate Environmental Crimes Following the Constitutional Court Decision Andi Metrawijaya
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1056

Abstract

This article examines the urgency and constitutional limits of strict liability as a mechanism for addressing corporate environmental pollution in Indonesia through the perspective of green criminology and recent Constitutional Court jurisprudence. The study addresses an accountability gap arising from cumulative, technically complex, and organizationally dispersed ecological harms that are difficult to attribute to individual decision-makers. Article 88 of Law No. 32 of 2009 on Environmental Protection and Management primarily establishes civil strict liability, while corporate criminal liability follows a different attribution structure. This study employs normative legal research using statutory, conceptual, case, and comparative approaches. It analyzes the Environmental Protection and Management Law as amended by Law No. 6 of 2023, Supreme Court Regulation No. 13 of 2016, Constitutional Court Decisions No. 91/PUU-XVIII/2020, No. 35/PUU-XXI/2023, and No. 119/PUU-XXIII/2025, as well as twenty-five recent Scopus-indexed studies published from 2022 to 2025. The findings indicate that removing the phrase expressly dispensing with proof of fault creates interpretive uncertainty but does not necessarily eliminate the strict character of absolute liability. However, transforming Article 88 into automatic criminal liability would conflict with legality and proportionality. The study proposes a dual-track model combining genuine civil strict liability for restoration and compensation with an expressly legislated organizational criminal-liability framework for high-risk environmental offences, supported by restoration orders, compliance supervision, evidentiary rules, and anti-retaliation protection.  
Legal Protection for Government Employees With Work Agreements (PPPK) in the Implementation of Good Governance and Administrative Dispute Resolution Ramza Harli; Onny Medaline
International Journal of Law and Society Vol. 3 No. 4 (2026): October: 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.v3i4.1066

Abstract

Government Employees with Work Agreements (Pegawai Pemerintah dengan Perjanjian Kerja/PPPK) are part of the Indonesian State Civil Apparatus (ASN) and play an important role in public service delivery. Law Number 20 of 2023 places civil servants and PPPK within the ASN framework, while the employment relationship of PPPK retains a contractual and time-limited character. This condition creates a specific need for adequate legal protection, particularly in cases involving termination of the work agreement, performance issues, or administrative decisions that adversely affect PPPK. This study aims to analyze the legal position of PPPK, forms of preventive and repressive legal protection, the application of the General Principles of Good Governance, and mechanisms for resolving PPPK employment disputes. The study employs normative juridical research using statutory and conceptual approaches. The findings indicate that PPPK protection cannot be understood solely from a contractual perspective, but must be situated within public law, merit principles, legal certainty, due care, transparency, and administrative remedy procedures. In certain disputes, the prescribed administrative mechanisms must first be followed before the case is brought before the competent court. Thus, good governance in PPPK management requires lawful decision-making, transparent procedures, objective evaluation, and effective access to legal remedies.

Page 22 of 22 | Total Record : 217

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