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Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319714     EISSN : 30319730     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 166 Documents
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Legal Vacuum in the Regulation of Unregistered New Narcotics Types and the Absence of Legislation Iwansyah Iwansyah; Zudan Arief Fakrulloh
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1222

Abstract

The study aims to analyze the legal gaps related to the regulation of new types of narcotics that have not been registered. This research employs a normative legal research method, which focuses on analyzing the existing legal provisions as stated in the relevant laws and regulations. The purpose is to examine how these legal frameworks address the emergence of new types of narcotics, especially those not yet registered in Indonesia. With the rapid development of synthetic drugs and other new narcotic substances, existing laws often struggle to keep up with emerging challenges. The normative legal research approach is particularly suitable for this study because it enables a critical examination of how the current legal system responds to these developments and whether it provides adequate legal tools to address such issues. Through this approach, the study will explore the gaps in existing positive law and assess how these legal voids impact the implementation of anti-drug policies and law enforcement in Indonesia. One key issue identified is the inability of current narcotics laws to effectively regulate or prevent the circulation of new, unregistered substances. This lack of legal recognition creates challenges for law enforcement agencies in controlling the distribution and use of such narcotics. Furthermore, the study will analyze the implications of these legal gaps on public health, law enforcement practices, and the overall effectiveness of anti-drug efforts in Indonesia. By identifying the shortcomings in the regulation of new narcotics types, the research aims to provide recommendations for improving legal frameworks and ensuring that laws evolve in tandem with emerging drug trends. Ultimately, this study contributes to enhancing the legal response to narcotic-related issues and supports the development of more effective drug control policies in Indonesia.
Comparative Political Marketing pada Pemilihan Kepala Daerah Kota Tanjungpinang Tahun 2024 Siti Nur Haliza; Bismar Arianto; Rizky Octa Putri Charin
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.1226

Abstract

In the 2024 Tanjungpinang City Pilkada, the Rahma-Rizha pair competed with Lis-Raja in the mayoral and deputy mayoral elections. Both candidate pairs have previous mayoral experience. The campaign was conducted directly to the public and utilized digital media. This study aims to compare the political marketing process between the Rahma-Rizha and Lis-Raja candidate pairs with the 4P theory by Philip B. Neffinegger and using qualitative methods. Based on the results of the product indicator study, the Lis-Raja pair excelled in active campaign programs and approaches, while Rahma-Rizha relied on the incumbent's experience and specific religious programs. Although their strategy was less than optimal, the program was an advantage over their political opponents. The promotion indicator showed the Lis-Raja pair's superiority in campaign effectiveness through social media and community support, while the Rahma-Rizha pair was stronger in direct meetings although less optimal in digital promotion and involvement of supporting figures. The price indicator explained that the Lis-Raja pair had greater financial capacity than the Rahma-Rizha pair. Finally, the place indicator shows that the Lis-Raja pair was more effective in approaching the community by involving religious figures as an effort to strengthen the religious brand by changing their appearance as a religious figure in the public eye, while Rahma tried to improve her image and support through Rizha, who has a background in preaching, to strengthen the mass base among religious figures, but this did not achieve the expected results. Although the Lis-Raja pair has an advantage in several political marketing indicators, such as a more active campaign program and effective use of social media, the Rahma-Rizha pair still has the potential to gain support, especially among voters who prioritize experience and personal strength in leadership.
Terapi Psikososial Sebagai Strategi Meningkatkan Resiliensi Pada Remaja Penyandang Disabilitas Tuna Daksa Athaya Nursabrina; Muhammad Sultan Alrahman; Revala Utami Yuniar; Salsabila Damar Mulya; Ati Kusmawati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.1232

Abstract

In Indonesia, there are approximately 22.97 million people, or approximately 8.5 percent of the population, with the largest proportion being in the elderly group. One form of disability is physical disability, a condition in which limbs are imperfect due to defects that cause damage to bones, muscles, and joints, so that body functions cannot run normally. This condition often impacts not only the physical aspect, but also the psychological health of the sufferer. One of the main challenges faced by people with physical disabilities is maintaining resilience, namely the individual's ability to overcome depression, anxiety, pressure, and stress in living daily life. This study uses a literature review method to examine the results of previous studies relevant to the topic of resilience in people with physical disabilities. The data collection process was carried out through literature searches on the internet using sources from Google Scholar and Google Books. The criteria for selected literature include research that focuses on psychological interventions, especially reality therapy, and its effect on increasing resilience. Reality therapy is a counseling approach that emphasizes personal responsibility, awareness of choices, and the development of skills to face life's challenges effectively. The study results indicate that reality therapy has been shown to have a positive effect on increasing resilience in individuals with physical disabilities. Through a structured counseling process, this therapy helps individuals recognize their potential, develop positive attitudes, and develop adaptive coping strategies. Furthermore, reality therapy can increase motivation, self-confidence, and the ability to make constructive decisions when faced with physical limitations and social pressures. These findings indicate that the application of reality therapy can be an effective approach to supporting the psychological well-being of individuals with physical disabilities, while also contributing to more holistic rehabilitation efforts in Indonesia.
Art Therapy sebagai Strategi Intervensi Depresi pada Remaja: Suatu Model Terapeutik Fadillah Khairunnisah; Resti Azani Tania; Ati Kusmawati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.1233

Abstract

Depression in adolescents is a significant mental health issue in Indonesia, with its prevalence increasing every year. Adolescence is a transitional period marked by complex physical, social, and psychological changes. During this phase, adolescents often face emotional instability, academic pressure, social demands, and confusion in establishing self-identity. These factors can trigger prolonged stress and increase the risk of depression. Appropriate prevention and intervention efforts are crucial to address this issue. One approach that has proven effective is art-based group therapy. Art therapy provides a space for adolescents to express their thoughts and feelings creatively through visual media, which can help them understand themselves, manage their emotions, and build social skills. This study used the Systematic Literature Review method to identify, analyze, and synthesize the results of studies related to the effectiveness of art therapy on adolescent mental health. Data sources were obtained from various national and international journals relevant to the keywords "Art Therapy", "adolescent depression", and "mental health". The results of the literature review indicate that art therapy consistently has positive impacts, including reducing depressive symptoms, increasing self-confidence, strengthening interpersonal skills, and developing emotional intelligence. The creative process in this therapy encourages adolescents to be more open, able to process emotional experiences, and find positive ways to deal with problems. Based on these findings, Art Therapy is recommended for ongoing implementation in schools and communities as part of mental health programs. This intervention serves not only as a means of recovery but also as a preventative measure in building adolescents' psychological resilience, enabling them to grow and develop optimally amidst the challenges of modern life.
Analisis Yuridis atas Pelanggaran Bersifat Mendesak sebagai Dasar Pemutusan Hubungan Kerja dalam Perspektif Hukum Ketenagakerjaan Nashifa Tsarwa; Ahmad Fadhil Ubaidillah; Jeremia Hamonangan Siagian
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1296

Abstract

The concept of “urgent violation” as regulated in Article 52 paragraph (2) of Government Regulation No. 35 of 2021 introduces a new ground for employment termination (PHK), granting employers the authority to unilaterally terminate workers. However, this provision lacks a clear definition and objective parameters, creating legal uncertainty and potential misuse. This study employs a normative juridical method with a descriptive-analytical approach through literature review of legislation, Constitutional Court decisions, and labor law literature. The findings indicate that the clause on “urgent violation” often emerges from unequal bargaining positions between employers and workers, thereby failing to fully satisfy the principle of consensualism as a requirement for valid agreements. Substantively, this provision resembles the “serious misconduct” norm under Article 158 of the Manpower Law, which was annulled by the Constitutional Court through Decision No. 012/PUU-I/2003 for violating the presumption of innocence and workers’ constitutional rights. Consequently, the regulation on “urgent violation” risks repeating the same legal shortcomings and contradicts the spirit of labor law, which emphasizes that termination of employment must be avoided and only used as a last resort (ultimum remedium), as affirmed in Article 151 of the Manpower Law.
Implementation of Child-Friendly School Innovation Policy in Sidoarjo Regency Syapi’i Syapi’i; Aris Sunarya; Sri Kamariyah
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1327

Abstract

This research intends to examine the application of the Child-Friendly School (CFS) policy in Sidoarjo Regency, concentrating on its effects on educational quality, changes in school culture, and the efficiency of collaborative governance among involved parties. The research is based on the necessity to enhance secure, inclusive, and child-focused learning settings that align with the regional government’s dedication to transforming public education services. A qualitative case study method was employed, which included informants from the Education and Culture Office, school leaders, educators, and participants from child advocacy groups. The results indicate that the CFS policy in Sidoarjo has effectively improved student engagement, teacher awareness of humanistic methods, and collaboration among institutions to foster a positive learning environment. The implementation of the policy illustrates a transition in school culture from an emphasis on instruction to a compassionate learning environment. Additionally, digital advancements and data-based reporting systems have enhanced transparency and accountability. In summary, Sidoarjo’s CFS policy demonstrates an effective implementation of public value management and collaborative governance principles within education policy. The research suggests improving teacher abilities, reinforcing assessment systems, and increasing inter-sector cooperation to guarantee the program's sustainability
Optimasi Dana Wakaf Produktif dengan MATLAB: Studi pada Badan Wakaf UII Yogyakarta Rismawati Rismawati; Rahman Mutamam; Triana Apriani
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1270

Abstract

This study discusses the optimization of the allocation of productive waqf funds using MATLAB through a case study on the Waqf Board of the Islamic University of Indonesia (UII) Yogyakarta. Productive waqf has an important role in supporting socio-economic empowerment, but its management often faces challenges in determining the efficient distribution of funds. The purpose of this research is to develop a mathematical model to optimize the allocation of waqf funds in various sectors such as education, health, micro enterprises, and social programs. The research method uses a quantitative approach with optimization techniques implemented in MATLAB to simulate various fund distribution scenarios. The results of the study show that the optimization model is able to provide a more effective distribution of waqf funds compared to the actual allocation pattern, thereby increasing efficiency and impact on community welfare. Thus, the use of MATLAB has been proven to help waqf institutions in formulating accurate data-based decisions and mathematical models. In addition, this study emphasizes that the application of modern computing technology can strengthen the role of waqf as an instrument of sustainable social development. The implications of this study show that the integration of mathematical modeling with modern computing tools can be an important strategy for Islamic philanthropic institutions in maximizing the potential of productive waqf, especially in Yogyakarta. This research also contributes to the development of Islamic economic literature, offers practical recommendations for waqf managers, and shows the application of MATLAB as a tool in economic decision-making. With this approach, productive waqf is expected to provide wider and sustainable benefits for the community, as well as be an inspiration for other waqf institutions in Indonesia to adopt a similar strategy.
Penerapan Asas Kelangsungan Usaha Pasca Pembatalan Homologasi Perjanjian Perdamaian dalam PKPU Berdasarkan Undang-Undang Kepailitan dan PKPU Sabina Rezqita Dwi Cahya; Deviana Yuanitasari; Pupung Faisal
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1282

Abstract

value of the bankruptcy estate (boedel pailit) through the going concern principle. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) allows curators to continue the debtor’s business, particularly under Article 179 paragraph (1). However, the absence of clear normative parameters creates legal uncertainty and inconsistent practices. This study analyzes the application of the going concern principle in the settlement of bankruptcy estates following the annulment of homologated composition agreements and examines the urgency of technical implementing regulations. Using a normative juridical method supported by statutory analysis, court decisions, legal doctrines, and interviews, the research focuses on the cases of PT Sri Rejeki Isman Tbk. (Sritex) and PT Texmaco Perkasa Engineering Tbk. The findings reveal that going concern implementation depends not only on legal provisions but also on non-legal factors, such as transparency, asset control, capital availability, management credibility, and creditor support. Texmaco’s case shows approval when these conditions are met, while Sritex demonstrates rejection due to lack of transparency and unlawful activities. The study underscores the need for a Supreme Court Regulation (PERMA) that establishes eligibility parameters, approval mechanisms, reporting obligations, and curator protection to ensure consistency, legal certainty, creditor protection, and greater economic benefits in Indonesian bankruptcy practice.
Manajemen Konflik di Lembaga dan Organisasi: Analisis Tren, Kategori, dan Strategi Penyelesaian Lelly Anggraini; Roifatul Hasanah; Mayaza Rizqi Amelia; Ifrotul Hasanah; Mu’alimin Mu’alimin
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1298

Abstract

Conflict is an inevitable phenomenon in organizational life and has the potential to greatly affect performance, interpersonal relationships, and institutional sustainability. The complexity of interactions in educational, business, and social environments makes this issue increasingly relevant for in-depth study. This study aims to examine the development of scientific studies on types of conflict and conflict management strategies over the past six years. The main focus of the study is to answer two questions: what types of conflict are most dominant in organizations, and how are conflict resolution strategies applied in various institutional contexts? The research method used is a literature review with the main keyword “types of conflict,” through searches in several scientific databases. From the selection results, five relevant articles were obtained and then analyzed based on research themes and trends. The analysis results show three main findings. First, conflicts within organizations can be classified into intrapersonal, interpersonal, and intergroup conflicts. Second, conflict resolution strategies emphasize the importance of effective communication, collaboration, mediation, and participatory leadership in creating sustainable solutions. Third, ethical and religious dimensions are also important aspects in building fair and harmonious resolutions. This study confirms that effective conflict management requires a multidimensional approach that integrates managerial, psychological, and moral values. Researchers are encouraged to conduct comparative studies between institutions to enrich their understanding of organizational conflict dynamics.
Tinjauan Hukum Syar’i terhadap Operasi Plastik: Antara Kebutuhan Medis dan Estetika Lilita Efquany; Itsnaini Nur Hidayah
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1300

Abstract

This study comprehensively examines the concept of Sharia law by highlighting the main divisions within Islamic law: taklifi law and wadh'I law. Taklifi law encompasses five normative categories: obligation, recommendation, permissibility, makruh, and prohibition, which serve to regulate individual behavior in accordance with Sharia principles. Meanwhile, wadh'iy law emphasizes the causes, conditions, and requirements for the validity of a legal act, thus forming a normative framework that guarantees the validity of an action from an Islamic legal perspective. This study uses a normative approach through a literature review of primary sources of Islamic law, such as the Qur'an, Hadith, and classical and contemporary fiqh literature. The results of the study indicate that the division between taklifi and wadh'iy law is crucial for understanding the structure and complexity of Sharia law, both in terms of the vertical relationship between humans and God and the horizontal relationships between individuals. This study also examines the contemporary issue of plastic surgery from an Islamic legal perspective.  Plastic surgery is permissible for medical purposes, such as reconstruction following an accident, congenital defect, or impaired bodily function, as it aligns with the principles of preserving benefit and eliminating harm. However, plastic surgery solely for aesthetic purposes is considered forbidden, as it constitutes altering God's creation without a sharia (Islamic) justification. This finding confirms that the division of sharia law is not merely theoretical but also relevant in addressing modern issues, including in medical practice, and has important implications for the development of contemporary Islamic law and its application within the national legal context.

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