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International Journal of Sociology and Law
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471923     EISSN : 30470692     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 118 Documents
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Sexual Violence Against Children from the Perspective of International Law Maya Dyah Palupi; Rina Arum Prastyanti
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.31

Abstract

The case of sexual violence against children from the perspective of international law highlights the importance of protecting children from all forms of sexual exploitation and sexual abuse. The purpose of this paper is to understand the forms of international law rules regarding cases of sexual violence against children and how international law prosecutes the perpetrators. The discussion of cases of sexual violence against children shows that these cases have serious and widespread impacts, with nearly 1.7 billion children worldwide experiencing violence. To address this issue, it is necessary to strengthen the legal framework that considers all behaviors related to Child Sexual Abuse and Male Sexual Abuse (CSAM) as criminal acts. Increasing resources in law enforcement, cooperation with the private sector, education, and relevant research are also important to increase our awareness of sexual violence. The conclusion that can be drawn is that children are indeed a new generation that will continue the continuity of nations and states, so it is only fair for us and law enforcement to ensure that all human rights of children are fulfilled.
Legal Protection for Victims of Human Trafficking: Indonesian Migrant Workers Abroad Fitri Setyo Rini; Rina Arum Prastyanti
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.32

Abstract

Trafficking is currently a serious and urgent global problem. Indonesia itself is also a barn of human trafficking victims, especially related to the labor migration of Indonesian Migrant Workers (PMI) sent abroad. Many migrant workers are victims of exploitation and human rights violations due to human trafficking. Therefore, it is important to strengthen the protection of PMI rights through national and international legal frameworks. This research aims to analyze the legal framework for the protection of migrant workers as victims of human trafficking abroad. The method used is normative legal research by examining relevant national and international laws and regulations. The results show that Indonesia has a strong commitment through the ratification of various international legal instruments to protect migrant workers. However, law enforcement still faces various obstacles and there is a need for stronger cross-border cooperation. Therefore, a more comprehensive policy is needed to improve the protection of migrant workers.
The Implementation Of The Military Skills Development For Military Prisoners In Military Correctional Institutions Arief Fahmi Lubis
International Journal of Sociology and Law Vol. 1 No. 1 (2024): February : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i1.36

Abstract

The execution of the rehabilitation of military prisoners is carried out through a communicative and accommodating approach, involving direct interaction between officers and military prisoners via counseling or interviews. This aims to listen, accept, discover, regulate emotions, strengthen spirituality, and resolve personal and official issues while fostering dedication, sincerity, responsibility, and loyalty within the Indonesian National Armed Forces environment. The objective of this study is to demonstrate the existing challenges in implementing military prisoner development that need to be addressed and overcome. In this study, the author applied qualitative research employing a descriptive approach to systematically, factually, and promptly gather data in line with the research’s context. The findings of this study demonstrated that the success of rehabilitating military prisoners in military correctional institutions is not solely within the responsibility of the Center for Military Correctional Institutions and the Military Correctional Institution itself. It is also affected by external factors, including the attention and moral support offered by the unit commander from the origin place of the military prisoners. This influence aims to facilitate military prisoners’ transformation into soldiers embodying Sapta Marga values, ensuring their readiness for forthcoming unit responsibilities.
Legal Protection Of Trade Secret Owners Through Non Disclosure Agreements To Guarantee Investment Security Afif Khalid; Yamani Naufal
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.40

Abstract

The protection of trade secrets against non-disclosure agreements is increasingly necessary in every cooperation agreement as a form of intellectual property protection. The purpose of this research is to know and understand the urgency of the inclusion of confidential information in the clause of the cooperation agreement so that it is fundamental to the principle of pacta sunt servanda. This research uses an analytical approach method to examine research materials through analysis of legal materials using normative legal research methods (Legal Research) In the protection of trade secrets, it also has a consequential impact on the abuse of the authority of the trade secret agreement contract because it has the nature of information that must be protected and not informed anywhere.
Juridical Review of the Reduction of Detention Period for Class IIB Tanjung Pura Prisoners Benario Dasmilta Sembiring; Yasmirah Mandasari Saragih
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.42

Abstract

The granting of remissions for drug convicts is based on the condition of the house detainees who are overcrowded by convicts due to over capacity. Granting remission is not applied to drug convicts involved in large-scale trafficking cases, especially for big producers and airports. Tightening remissions for extraordinary crimes (Extraordinary Crime), especially for convicts of narcotics cases in Indonesia because these crimes continue to increase from year to year.The purpose of this study is to find out the legal rules regarding remission for narcotics convicts, the implementation of granting remissions for narcotics convicts in class II B Tanjung Pura prison and the obstacles to implementing the disciplinary law for narcotics convicts in class IIB Tanjung Pura prison. This research is included in the analytical descriptive research with the type of normatif juridical research using qualitative analysis methods. Based on the results of the research, it is known that the legal basis used in granting remission is regulated in Law Number 12 of 1995 concerning Corrections, Presidential Decree Number 174 of 1999 concerning Remission, Presidential Decree Number 21 of 2005 given for extraordinary events, Government Regulations Number 99 of 2012 concerning the Second Amendment to Government Regulations Number 32 of 1999 concerning Requirements and Procedures for the Implementation of the Rights of Correctional Families, Minister of Law and Human Rights Number 18 of 2019 concerning Amendments to the Minister of Law and Human Rights Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Parole, Leave Before Release, and Conditional Leave. Implementation of Granting Remission at the Langkat Class IIB Tanjung Pura Penitentiary refers to laws and regulations that regulate provisions regarding remissions, during 2020 973 general remissions were granted and 1039 special remissions, in 2021 1145 general remissions were granted and 1135 special remissions and in 2022 1908 general remissions were granted and special remissions as many as 1147 people as well as obstacles to the implementation of grants remissions to inmates at the Class IIB Tanjung Pura Correctional Institution come from ; internal factors such as prisoner behavior factors, human resource factors, facilities and infrastructure factors and external factors such as legal or juridical factors, administrative factors, institutional factors, and community factors.
Enforcement Law Against Prisoners Prisoners in the Crime of Corruption of Bribery and Gratification : Case Study at Class I Correctional Institution Medan Ryan Perdana Simamora; Rahul Ardian Fikri
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.47

Abstract

The State of Indonesia is a state of law, which means that all legal regulations in force in the State of Indonesia must be obeyed by citizens and state administrators. However, in fact, there are still many legal regulations that are violated by citizens and state administrators, such as in cases of corruption. Corruption in Indonesia is very rampant from year to year. Therefore, it is necessary to enforce the law on corruption in order to realize upholding the rule of law, upholding justice and realizing peace in society. However, it is very worrying, it turns out that the law enforcement of corruption in Indonesia is classified as very weak. This can be seen from the fact that there are still many lawmakers or law enforcers themselves who commit acts of corruption. The formulation of regulations regarding criminal acts of corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Regulations on February 26, 1946 which made the legal basis for changing Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which later known as the Criminal Code. Until now, the regulations regarding criminal acts of corruption are still undergoing changes, with the latest amendments being through Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes and Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption , 2003 (United Nations Convention Against Corruption, 2003). From the long journey of formulating regulations regarding criminal acts of corruption, it turns out that legal loopholes are still found, especially in the regulation regarding criminal acts of corruption, bribery and gratuities.
Implications of the Decision of the Regent of North Tapanuli Number 6 of 2022 on the Provision of Land Services to the Community Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.48

Abstract

Challenges in establishing customary forests in Indonesia are caused by complicated bureaucracy, lack of synchronization between central and local bureaucracy, and the politics of citizen struggle using the identity of indigenous peoples. In the face of changes to Areal Penggunaan Lain (APL), there needs to be a careful approach and close collaboration between the local government, the central government, and indigenous peoples to achieve a balance between economic development, environmental preservation, and the rights of indigenous peoples. The research specification used in this research is descriptive analytical, which seeks to describe or describe events and events without conducting hypotheses and statistical calculations. Also normative juridical, namely research based on Ministerial regulations, books, and decrees of the Regent of North Tapanuli. The central and local governments have taken significant steps in recognizing and protecting the traditional and cultural rights of indigenous peoples. Changes in the Areal Penggunaan Lain (APL) can have serious impacts, requiring a cautious approach and close collaboration to maintain a balance between economic development, environmental preservation and the rights of indigenous peoples. Suggestions are made that local and central governments improve collaboration, concretely empower indigenous peoples, and integrate sustainable measures in policies to achieve a sustainable balance.
Assessing The Implications Of CBDR-RC Principle Implementation In Indonesia’s NDC: A Review Of Climate Change Mitigation Septika Nanda Arifia; Sri Wartini
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.51

Abstract

Climate change has emerged as a serious threat to both humanity and the global ecosystem, necessitating a coordinated global response. The Paris Agreement embodies these efforts by emphasizing the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC), which underscores the awareness of shared responsibility with varying capacities among nations. This principle is reflected in the Nationally Determined Contributions (NDCs), serving as tangible manifestations of each country's commitment. This research addresses two main issues: Firstly, why is the CBDR-RC principle the foundation for implementing NDCs in Indonesia? Secondly, to what extent does the implementation of NDCs in Indonesia align with the CBDR-RC principle and Indonesia's commitments in the Paris Agreement to achieve sustainable development and address climate change? This study the study utilizes legislative, comparative, conceptual, and historical methodologies. Findings reveal that the CBDR-RC principle forms the basis of NDC implementation in Indonesia, grounded in Indonesia's membership status in the Paris Agreement. However, practical execution falls short, revealing a disparity between idealism and reality in realizing commitments and ambitions to address climate change.
The Role Of The Lubuk Pakam Correctional Institution In Providing Guidance To Female Prisoners Yadika Fredera Sebayang; Abdul Razak Nasution
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.52

Abstract

The correctional system aims to restore prisoners, especially women prisoners, as good citizens, and also aims to protect the community against the possibility of criminal acts by prisoners, especially women prisoners. As well as an application and an integral part of the values contained in Pancasila. From some of the possibilities that occur, the government changed the role to the Correctional Institution, meaning that the convicts are placed together and the placement process and activities according to the schedule since the convict entered the institution, in addition to the length of serving the sentence. Although this institution is not directly related to law enforcement, it plays a major role in creating public order in legal life. This research is focused on literature studies or document studies because this research is mostly carried out on secondary data and Primary Data as a trap, the data to be obtained in this study were collected by means of library research (Library Research) The library material referred to consists of primary legal materials, namely related legislation in accordance with the Criminal Code. The research specification used is descriptive analysis, namely describing the results of research with data that is also complete and as detailed as possible. Description is intended for primary, secondary and tertiary data related to legal certainty about the rights of women prisoners in Lubuk Pakam correctional institutions legislation and theories that have been relevant. The presence of Class IIB Lubuk Pakam Correctional Facility is expected to be able to provide good and appropriate guidance to prisoners and provide information to the public about the implementation of inmate guidance in detention centres through mass media and newspapers or other means in accordance with the intention of changing the public's view of prisoners, that prisoners can return to society without discrimination. The implementation of women prisoners' development in Lubuk Pakam Penitentiary contains several procedures starting from the reception of prisoners, registration to the next stage of the implementation of prisoners' development. In the implementation stage itself consists of stages, namely the initial stage of teaching prisoners to have religious and legal awareness, the advanced stage which gives direction to prisoners to always display their talents and skills so that when in the Penitentiary, prisoners have positive activities to do.
The Impact Of Cyberbullying On Adolescents On Social Media Romy Maranatha Ginting; Muhammad Arif Sahlepi
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.53

Abstract

The development of social media networks is extraordinary, with very easy access and unlimited friendships so that all groups regardless of social status ranging from old, young, and even children are so enthusiastic in using social media especially teenagers. Social networks are also used as a place for emotional outbursts, and it is not uncommon to express anger in the form of insults or insults which are often referred to as cyberbullying. The ITE Law provides legal protection for victims of criminal acts of cyberbullying as an effort to protect the law which is interpreted as the recognition and guarantees provided by the law in relation to human rights. Legal protection is a "condition sine quanon" law enforcement is a manifestation of the function of the law as its aim. is to prevent disputes. The purpose of writing is to determine the impact of cyberbullying on adolescents on social media. The method used is literature review using articles and journals from 2016 to 2020 obtained from the Google Scholar electronic database. The results of various studies show that cyberbullying on adolescents on social media has a huge impact that affects all aspects of life from psychological, physical, and social aspects. The impact of cyberbullying that is felt is not only the victim, but the perpetrator, perpetrator and victim will also have an impact.

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