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INDONESIA
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 148 Documents
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Integrating Islamic Criminal Law and Indonesian Law in Sentencing Narcotics Offenders: Comparative Reformulation in Bungo Regency Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.929

Abstract

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.
Grants from Local Governments to the Central Government from the Perspective of the General Principles of Good Governance Husna, Rizky Wirdatul; Rinaldi, Yanis; Yusri , Yusri
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.933

Abstract

The provision of grants by local governments to vertical agencies of the central government often raises legal tensions over local fiscal autonomy. This study aims to examine the implications of such grant disbursements through the lens of the General Principles of Good Governance (AUPB) and the principles of good financial governance. Employing a normative legal research method, this study analyzes the coherence between the discretionary powers of regional heads and the standards of clean governance. The research findings indicate that grant policies for central government agencies often disregard the principles of prudence and utility, with local budget allocations instead used to fund matters constitutionally the responsibility of the central government (the State Budget). This practice has the potential to become a source of abuse of authority (detournement de pouvoir) if not grounded in objective parameters of local public needs. This study concludes that evaluating grant policies through the AUPB framework, particularly regarding transparency, accountability, and participation, is crucial to preventing local financial subordination. More restrictive regulatory reforms are needed to ensure that grant expenditures remain focused on improving the quality of public services and community welfare at the local level without compromising national fiscal stability.
The Effectiveness of Supervisory and Capacity-Building Measures for Temporary Land Deed Officials (PPATS) in the Preparation of Land Deeds in Aceh Besar Regency, Aceh Province Muhammad Zulkarnaen; Mazwar; Teuku Muttaqin Mansur
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.934

Abstract

This study aims to analyze the effectiveness of legal capacity-building for Temporary Land Deed Officials (PPATS) in the preparation of land deeds in Aceh Besar Regency, Aceh Province. The research employs an empirical juridical method with a qualitative approach, utilizing data collection techniques including interviews, observation, and document analysis. This approach enables a comprehensive examination of both the normative framework and its practical implementation in the field. The findings indicate that the effectiveness of capacity-building for PPATS remains suboptimal, as the existing programs are largely administrative, incidental, and insufficient in addressing substantive legal aspects. Several factors influence this condition, including the non-legal educational background of PPATS, prevailing community legal culture, limitations in training programs, weak institutional coordination, and social pressures encountered in the practice of land deed preparation. These challenges contribute to a low level of material competence and legal prudence among PPATS in carrying out their duties. Accordingly, there is a need for a more sustainable, contextual, and competency-based capacity-building model to enhance the professionalism of PPATS. Such an approach is essential to strengthen their substantive legal understanding, improve the quality of land deeds, and ultimately support the realization of legal certainty in land administration services.
Juridical Review of Banking Law on Business Law Violations: The Case of Micro, Small, and Medium Enterprises (MSMEs) Operated by Foreign Nationals Exploiting OSS Licensing Loopholes in Bali (2020-2024) Komang Putri Wira Ivana
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.937

Abstract

This study addresses the troubling increase in illegally managed micro, small, and medium enterprises (UMKM) operated by foreign nationals in Bali, which poses significant threats to local economic stability and fairness. The analysis focuses on the legal frameworks governing UMKM, including Law No. 20 of 2008 and the Online Single Submission (OSS) system, as well as the regulatory gaps that allow foreign entities to exploit these mechanisms for their gain. A multi-method approach was employed to evaluate the current situation, emphasizing the roles of local government initiatives, banking regulations, and community engagement in combating illegal business operations. The findings reveal a pressing need for enhanced verification processes, stricter compliance measures, and localized regulations to protect legitimate businesses from exploitation by foreign competitors. The study concludes that only through coordinated efforts among government bodies, financial institutions, and local enterprises can Bali achieve sustainable economic growth, ensuring that UMKM can thrive within a fair and equitable commercial landscape.
Legal Aspects of the Implementation of Settlement Fines in Economic Crimes Zaki Bunaiya; Mohd. Din; Yanis Rinaldi
International Journal of Sociology and Law Vol. 3 No. 3 (2026): August: 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.v3i3.941

Abstract

Indonesia, as a rule of law state, requires governance to be conducted based on law (Article 1(3) of the 1945 Constitution) with the aim of public welfare (Article 33). In practice, economic crimes have encouraged the use of settlement fines as an alternative dispute resolution mechanism through the payment of fines. This mechanism is regulated under Article 35(1)(k) of Law No. 11 of 2021 and Articles 65 and 66 of Law No. 20 of 2025. However, its implementation remains constrained by the absence of clear implementing regulations.This study aims to examine the legal basis, its implications for legal certainty, and the application of settlement fines from a cost and benefit perspective, including its supervision. The research employs a normative legal method with statutory, conceptual, and comparative approaches, using secondary data supported by literature study and interviews, analyzed qualitatively. The findings indicate that the authority of the Attorney General in applying settlement fines is grounded in the Prosecutor’s Law and the Criminal Procedure Code, reflecting the principles of dominus litis and prosecutorial discretion (opportunitas). It is recommended that further regulations be established through a Presidential Regulation and internal guidelines to ensure legal certainty and prevent potential abuse of power.
Resolution of Default in Fiduciary Guarantee Agreements : An Empirical Study at Bank Syariah Indonesia Area Meulaboh Cut Sarah Maulida; Darmawan Darmawan; Suhaimi Suhaimi
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.945

Abstract

Based on Article 1338 paragraph (1) of the Indonesian Civil Code, “every legally executed agreement shall bind the parties as law.” This provision implies that every agreement carries binding legal force equivalent to legislation for the parties involved and therefore must be fulfilled in accordance with the terms mutually agreed upon, including fiduciary guarantee agreements. Nevertheless, in practice, there are still debtors who fail to perform their contractual obligations, particularly by neglecting to pay the financing installments that have been previously agreed upon. This study employed an empirical juridical research method. The data were collected through primary data obtained from field research and secondary data derived from library research. A qualitative approach was applied in analyzing the data, while the research findings were presented descriptively. The findings reveal that the settlement of defaults at Bank Syariah Indonesia Area Meulaboh prioritizes non-litigation mechanisms. The bank generally offers alternative resolutions in the form of voluntary sales and voluntary surrender of the collateral object. In such cases, the debtor is required to sign a written statement confirming consent for the fiduciary collateral to be further processed and sold in order to settle the debtor’s outstanding obligations. This study suggests that banks should reassess the collectibility history of prospective customers from previous financing activities to minimize the risk of non-performing financing in the future. In addition, banks are encouraged to implement more flexible restructuring policies that are tailored to the debtor’s financial circumstances and income conditions. Furthermore, clearer and more comprehensive regulations concerning default settlement are necessary to ensure adequate protection for debtors, particularly during unstable economic conditions, while simultaneously safeguarding the interests of banks as financing institutions.
Legal Protection of Female Workers’ Leave Rights in Employment Practices in West Aceh Regency Munawwarah Munawwarah; Teuku Saiful; Suhaimi Suhaimi
International Journal of Sociology and Law Vol. 3 No. 3 (2026): August: 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.v3i3.947

Abstract

Female workers’ leave rights constitute normative rights protected under Article 79 of Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning Job Creation, as a form of legal protection for workers’ health and welfare. However, in practice within West Aceh Regency, the implementation of these rights still encounters several obstacles, including administrative requirements, managerial approval, and operational limitations within companies. This situation reflects a discrepancy between legal provisions and their practical implementation in the workplace. This study aims to examine the legal validity of female workers’ leave rights in employment contracts, the implementation of leave entitlements, and the forms of legal protection afforded to female workers in West Aceh Regency. The research employs an empirical juridical method with a qualitative approach through interviews and library research. The findings indicate that female workers’ leave rights possess a strong legal foundation and have been incorporated into employment agreements, thereby creating binding legal obligations for both parties. Nevertheless, the implementation of these rights has not been fully effective due to administrative barriers, managerial considerations, and limited workforce availability. Legal protection is provided through statutory regulations, employment contracts, and supervision by relevant authorities. Therefore, stronger oversight by the Department of Manpower, as well as greater consistency from companies in implementing leave provisions for female workers, is necessary to ensure effective legal protection.
Legislation’s Disharmony in Addressing Child Exploitation Jannah, Rauzatul; Mohd. Din; Muhammad Insa Ansari
International Journal of Sociology and Law Vol. 3 No. 2 (2026): 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.v3i2.963

Abstract

Child exploitation is a multifaceted socioeconomic problem and continues to be a significant difficulty in Indonesia. The prevention of child exploitation is normatively governed by several legislative instruments, including Law Number 35 of 2014 on Child Protection, Law Number 13 of 2003 on Manpower, Law Number 21 of 2007 on the Eradication of Trafficking in Persons, Law Number 12 of 2022 on Sexual Violence Crimes, Aceh Qanun Number 11 of 2008 on Child Protection, and Aceh Qanun Number 7 of 2014 on Manpower. The multiplicity of this legislation has resulted in legal issues characterised by norm disharmony, so undermining the efficacy of child protection. This research aims to examine the disagreement among rules concerning child exploitation. The employed research method is normative legal research, utilising a legislative approach. The utilised data sources comprise secondary data, including primary, secondary, and tertiary legal materials, gathered through literature review and analysed qualitatively in a descriptive manner. The research findings indicate a lack of coherence in legislation both horizontally and vertically, encompassing inconsistencies in the definition of child exploitation, variations in the minimum age for child employment, discrepancies in criminal penalties, misalignment in the regulation of sexual exploitation, and divergences between national laws and the Aceh Qanun.
The Disproportionality of Noisy-Exhaust Enforcement: A Juridical Analysis of Traffic Police Practice in West Java, Indonesia Satyadi Joko Yuwono; Asti Sri Mulyanti
International Journal of Sociology and Law Vol. 3 No. 3 (2026): August: 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.v3i3.975

Abstract

The enforcement of noisy-exhaust violations by the Traffic Directorate of the West Java Regional Police (Ditlantas Polda Jabar) raises unresolved legal problems, most acutely when officers confiscate or forcibly remove exhaust systems at the roadside without ticketing procedures. This article examines two questions: whether such enforcement conforms to the principle of proportionality in police law, and the extent of compliance with Article 285(1) of the Traffic and Road Transportation Law (UU LLAJ) read together with Articles 38–46 of the Criminal Procedure Code (KUHAP). Using an empirical juridical method that combines statutory and case approaches with field interviews and non-participant observation analysed qualitatively, the study identifies three enforcement patterns. Only formal ticketing cumulatively satisfies the three sub-principles of proportionality suitability, necessity, and balance whereas forced confiscation breaches both necessity and balance and qualifies as an ultra vires act. Procedural compliance is partial: vehicle stops conform to the law, but technical inspection proceeds without standardised measuring instruments, and confiscation occurs without judicial authorisation, by officers who are not investigators, and without formal records. The article argues that the root of the problem is systemic rather than the misconduct of individual officers namely the absence of standardised operating procedures, a deficit in officers’ legal competence, and the misuse of discretion to justify procedural overreach. Its novelty lies in integrating the proportionality test and the procedural-compliance test into a single two-layered framework of legality.
Rebuilding the Implementation of Sanctions for Ethical Code Violations by Civil Servants by Investigators Based on Values of Justice Rabiatul Adawiyah; Suprapto Suprapto; Saprudin Saprudin; Kamran Azizli
International Journal of Sociology and Law Vol. 2 No. 4 (2025): November: 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.v2i4.843

Abstract

The enforcement of ethical codes within the civil service is a fundamental pillar for maintaining public trust and bureaucratic integrity. However, the implementation of disciplinary sanctions for Civil Servants (Aparatur Sipil Negara or ASN) in Indonesia currently faces significant challenges regarding fairness and consistency. (Problem) The core issue lies in the broad administrative discretion possessed by investigators (Tim Pemeriksa) under Government Regulation No. 94 of 2021, which often leads to subjective, legalistic, and disproportionate sanctioning without considering substantive justice. This study aims to analyze the weaknesses of the current sanction implementation mechanism and proposes a reconstruction of the investigators' authority based on the value of justice (Nilai Keadilan). Using a normative juridical approach and conceptual analysis, this research examines current regulations and compares them with the principles of Dignified Justice. The study finds that the current positivistic approach tends to ignore the human aspect and restorative potential of the sanctions. Consequently, a reconstructed model is proposed where investigators must integrate ethical deliberation and justice values into their examination process, ensuring sanctions are not merely punitive but also corrective and fair.

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