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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 156 Documents
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Positivism Theory in the Context of Modern Legal Thought Donny Widianto; Zainal Arifin Hoesein
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.204

Abstract

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.
Cyber Crime And Criminal Law In The Era Of Artificial Intelligence Murshal Senjaya
International Journal of Law and Society Vol. 1 No. 4 (2024): 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.v1i4.210

Abstract

The legal framework has significant potential to address cybercrime with the help of Artificial Intelligence (AI), which increases the efficiency of detecting, investigating and prosecuting increasingly sophisticated cybercriminals. This technology can perform big data analysis, pattern recognition and identification of suspicious behavior, but the legal framework needs to be updated to cover new crimes such as AI-based fraud and automated cyberattacks. The challenges in law enforcement related to the misuse of AI are quite complex, especially due to the lack of specific regulations to regulate its use in the context of cybercrime. Existing regulations often do not cover new situations, thus reducing the effectiveness of law enforcement. To overcome these challenges, legislators need to update regulations and develop ethical guidelines, while international collaboration and capacity building of law enforcement through education and training are also essential to increase the effectiveness of handling cybercrime.
Challenges and Opportunities in Implementing Disability Rights: Policy Evaluation and Access To Welfare For Persons With Disabilities Mulyawan, Agus
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.236

Abstract

Persons with disabilities represent a diverse segment of society, facing unique challenges in accessing public services such as education, healthcare, and employment. In response, Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) through Law No. 19 of 2011, which serves to promote, protect, and ensure equal rights and fundamental freedoms for individuals with disabilities. This commitment led to the enactment of Law No. 8 of 2016, replacing an earlier, more compassionate framework with one emphasizing equality and the protection of rights for persons with disabilities. The law defines individuals with disabilities as those facing long-term physical, intellectual, mental, or sensory limitations and emphasizes the necessity of special protections to uphold their rights and prevent discrimination. The method used in this study is a normative legal research method. This study evaluates the effectiveness of disability rights protection policies in Indonesia, revealing significant challenges despite the legal framework established by Law No. 19 of 2011. Access to education, healthcare, and employment remains limited due to inadequate facilities, discriminatory practices, and social stigma. Effective solutions require strengthening the legal framework, increasing awareness, and involving the disability community in policy planning. Furthermore, robust monitoring and enforcement mechanisms are essential for safeguarding rights. To enhance protections, improved coordination among ministries, ongoing training for service providers, inclusive education practices, and recognition of employers who hire individuals with disabilities are critical. These measures are vital for fostering a more equitable society and ensuring the rights of persons with disabilities are upheld sustainably.
Change Passport and Passport Application Electronics for Security and Convenience Service Immigration Nila Muhedina Simarmata; Janpatar Simamora
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.274

Abstract

Immigration is related to the traffic of people entering or leaving Indonesian territory and its supervision to maintain state sovereignty. Immigration functions include providing immigration services, law enforcement, and maintaining the security and comfort of the country, while contributing to the development of community welfare. With the increase in crimes involving fake identities or misuse of other people's identities, immigration must be stricter in checking travel documents used by Indonesian citizens and foreign nationals when entering and leaving Indonesian territory. Therefore, immigration introduced a new passport design and implemented the use of electronic passports. The research method used in this research is a descriptive qualitative method. The research results show that changes in passport design can increase state sovereignty and security, because the new design is difficult to imitate. This can be seen from the materials used in making the new passports as well as the designs that highlight elements of Indonesian culture. Applying for an electronic passport does require higher costs than a regular passport, but offers advantages that conventional passports do not have, including a better level of security. Using an electronic passport also makes it easier for the holder to undergo immigration service administration because this passport uses a biometric system that only needs to be scanned.
Legal Perspective On The Legality Of A Company Or Agency In Conducting Business Ade Onny Siagian; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.281

Abstract

In a company, it will always be connected to third parties and want to protect the company that is run honestly ("te goeder trouw"), so the legality of a company is important in business activities. The legality of a company or business entity is the most important element, because legality is the identity that legalizes or validates a business entity so that it is recognized by the public. The legality of the company must be valid according to laws and regulations, where the company is protected or covered by various documents until it is legal in the eyes of the law. Forms of Company Legality There are several types of identities that legalize a business entity, including: company name, company brand, and trade business license. While the benefits of company legality are as a means of legal protection, a means of promotion, proof of compliance with the law, making it easier to get a project and facilitating business development. The large number of companies that are established without legalizing the company is very detrimental to other companies that run their business activities honestly.
Analysis of Legal Protection for Third Parties as Owners of Collateral Objects of Mortgage Rights : Case Study of Cirebon Religious Court Decision Number 808/Pdt.G/2021/PA CN Arie Herawati; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.282

Abstract

The involvement of a third party in a debt agreement as the owner of the collateral object is a legal act that often occurs in society. Not a few third parties feel disadvantaged due to the debt agreement between the debtor and the creditor because there are still no regulations that clearly regulate their legal protection, one of the cases is Decision Number 808 / Pdt.G / 2021 / PA CN This study aims to examine problems related to legal protection for third parties as owners of collateral according to applicable laws and regulations. This research method uses a normative legal approach by approaching the laws in force in Indonesia, then a normative analysis is carried out using data sources in the form of laws and regulations, court decisions, opinions of legal experts, along with existing legal concepts. This study will later focus on legal protection for third parties as collateral owners based on applicable regulations and legal settlements if third parties feel disadvantaged by the collateral object they own. From the results of the study, it can be concluded that there is no prohibition on the involvement of third parties as guarantors of land rights in the debt agreement process, however, legal regulations regarding the role of third parties are only explained implicitly in Law No. 4/1996, resulting in third parties being vulnerable to being harmed. As a form of legal protection for third parties, it can be done through a preventive process by issuing APHT and SKMHT by authorized officials, in addition, if the third party's rights have been harmed, it can be taken through litigation and non-litigation.
Aspects of the influence of commercial law on corporate ethical practices in Indonesia Noh Chang Dong; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.283

Abstract

Analyzing the implications of business law on business ethics practices in Indonesia using library research methods. Data was collected from various literature sources relevant to the research topic. The results show that business law has an important role in shaping business ethics in Indonesia. Business law regulates the rights and obligations that arise from agreements and agreements in business practices. Factors underlying business law such as developments in national development, business ethics, internal and external factors and legal awareness influence the implementation of business law in ethical and responsible business practices. Solutions that can be provided to improve the implementation of business law and ethical business practices in Indonesia are by strengthening regulations, effective law enforcement, education, government collaboration with business, accountability, and the formation of an independent supervisory body. In improving the implementation of business law, it is hoped that it can create a fair, transparent and integrity business environment and make a positive contribution to economic development and social welfare in Indonesia.
Analysis of Legal Political Dynamics in the Regulation of Simultaneous Regional Elections in Indonesia: Between Effectiveness and Local Democracy Ismaidar Ismaidar; Tamaulina Br. Sembiring; Yulia Christy Shintara Aruan
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.288

Abstract

This paper describes the dynamics of legal politics in the regulation of Simultaneous Regional Elections in Indonesia with a focus on the effectiveness of implementation and its impact on local democracy. Simultaneous Regional Elections, which began in 2015, are the government's efforts to improve the efficiency of regional head elections while strengthening the democratic system. However, its implementation faces various challenges, such as regulatory complexity, potential political conflict, and impacts on the quality of representation at the local level. This study uses a juridical-normative approach with a qualitative analysis method to evaluate the laws and regulations governing Simultaneous Regional Elections, including Law Number 10 of 2016 and its implementing policies. Data were obtained through literature studies, legal documents, and interviews with relevant stakeholders. The results of the study show that, although Simultaneous Regional Elections bring benefits in the form of budget efficiency and strengthening political stability, this policy also poses a number of challenges. Among them are the gap in local government capacity, strengthening political oligarchy, and decreasing the quality of community participation at the local level. In addition, the implementation of Simultaneous Regional Elections tends to sacrifice regional autonomy in the context of local democracy, given the homogenization of election times that do not always match regional needs. This study recommends the need for a revision of regulations that are more adaptive to local needs, increasing public political education, and strengthening the capacity of election organizers to ensure that Simultaneous Regional Elections can run effectively without sacrificing the principles of local democracy.
Law Enforcement Against Criminal Acts of Drug Abuse Committed by Children Ryan Fadli Siregar; Yasmirah Mandasari Saragih; Fauzan Fauzan; Putriani Nduru; Ibrahim Ibrahim
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.295

Abstract

Children are the future generation of the nation that must be protected, especially when dealing with the law. Law enforcement against perpetrators of drug abuse crimes committed by children has been effective. Drug abuse has a very bad impact on the continuity of a nation's generation. To anticipate this, cooperation is needed from all components of society, such as families, from school to university level, and the government must unite in efforts to prevent narcotics in the surrounding environment. Using the perspective of Law Number 35 of 2009, this study attempts to analyze how narcotics crimes committed by children are prosecuted legally. Drug abuse is a serious crime that can endanger the security and sovereignty of the state, as well as the growth and future of the state, according to a normative legal approach that includes analysis of laws and regulations and previous events. Illegal drug use is prohibited, according to Law Number 35 of 2009. Research findings show that, despite the need for legal action against children who use drugs, the juvenile criminal justice system uses Restorative Justice strategies along with the concept of diversion to protect children from stigma.
Islamic Law Study (Syafi’i School) on The Fulfillment of Maintenance For Long-Distance Couples in Koncer Kidul Village, Tenggarang Subdistrict, Bondowoso Regency Mahdum Zahid; Khoirul Anwar
International Journal of Law and Society Vol. 2 No. 1 (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.v2i1.297

Abstract

This study aims to examine how the law of fulfilling maintenance for long-distance couples, both material and spiritual, is viewed in Koncer Kidul Village, Tenggarang Subdistrict, Bondowoso Regency, from the perspective of the Syafi’i school of thought. The methodology used is qualitative with a case study approach, where data was collected through in-depth interviews, field observations, and documentation studies. The research results indicate several legal considerations regarding the fulfillment of maintenance for long-distance couples in the village, influenced by factors such as needs and existing debts. It is hoped that this research can serve as a consideration for the community to carefully think about engaging in long-distance relationships. Keywords: , , Maintenance Fulfillment, Long-Distance Couples

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