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Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 118 Documents
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HOLISTIC LEARNING: THE CASE FOR RELIGIOUS EDUCATION IN SECULAR FRAMEWORKS Javad Ahmad Mir; Iqbal Malik; Shabir Ahmad Lone
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.127

Abstract

The incorporation of faith-based education within secular institutions remains a subject of significant debate, as it seeks to balance inclusivity and pluralism with concerns over religious neutrality. This study examines the rationale, benefits, and challenges of integrating religious education into secular settings, particularly in the context of India’s National Education Policy (NEP) 2020. Rather than fostering division, religious education contributes to ethical development, social harmony, and cultural understanding. By instilling moral values and promoting interfaith dialogue, it enhances national knowledge systems and supports holistic learning. However, challenges such as fears of indoctrination, curriculum resistance, and ensuring fair representation of diverse religious perspectives complicate its integration. The NEP 2020’s focus on value-based and multidisciplinary education provides an opportunity to incorporate religious education within a secular framework. Drawing from academic literature, government reports, and expert perspectives, this research highlights the potential of religious education to strengthen the moral and intellectual foundations of society. It also emphasizes addressing challenges through transparent policies, inclusive curriculum development, and structured teacher training. This study employs qualitative methods, including regressive analysis, to offer a comprehensive exploration of the topic.
IMPLEMENTATION OF MEDAN MAYOR REGULATION NUMBER 58 OF 2023 CONCERNING ENFORCEMENT OF DISCIPLINE AND CODE OF ETHICS FOR STATE CIVIL APPARATUS EMPLOYEES OF MEDAN CITY GOVERNMENT Razanah Azzahra Zulfa Nasution; Subhilhar; Heri Kusmanto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i1.131

Abstract

Based on data from the Medan City Government, there are many employees in the Medan City Government environment throughout 2023 - 2024 since the enactment of the Medan Mayor's Regulation Number 58 of 2023, who violate the enforcement of discipline and the code of ethics, in addition there are still many State Civil Apparatus who come to work but are not in accordance with the effective working hours that have been determined. This study aims to analyze the Implementer in implementing the Medan City Mayor's Regulation No. 58 of 2023 in order to enforce the discipline of Medan City Government ASN and what factors hinder the Implementer in enforcing ASN discipline in the Medan City Government environment. The research method used in this study is the qualitative research method. Qualitative research is a procedure in research that can produce descriptive data in the form of words or spoken from the behavior of people to be observed, for example behavior, perceptions, motivations, actions and others. Data is collected through primary data and secondary data, primary data is obtained through in-depth interviews with informants and conducting observations, while secondary data is obtained through articles and journals obtained via the internet. The results of the study show that (1) Implementers in the field (including agency leaders and BKPSDM) strive to convey disciplinary policies consistently, on time, and clearly through daily briefings, weekly evaluation meetings, and the use of digital media. This is in line with George Edwards III's theory which emphasizes the importance of transmission, consistency, and clarity in policy communication. The importance of quality Human Resources (HR) in developing ASN capacity and competence through training and workshops plays a major role in improving discipline. Trained and motivated HR will better understand and internalize disciplinary values, so that the implementation of disciplinary policies can run more optimally. Adequate Budget Support in allocating budgets in the HR sector supports the provision of supporting infrastructure such as personnel information systems and digital attendance tools as well as funding training and competency development programs. (2) The inhibiting factor for ASN discipline in Medan City is ineffective communication in implementing information regarding disciplinary policies which are often not conveyed consistently and clearly to all ASN. This results in different interpretations between work units, so that the implementation of disciplinary rules is not evenly distributed. The lack of commitment and assertiveness from unit leaders in enforcing disciplinary rules is one of the main obstacles. Inconsistent internal oversight and lack of follow-up on violations have led to continued indisciplinary behavior.
UNLAWFUL ACTS RESULTING IN CRIMINAL PENALTIES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES BASED ON DECISION NO.10/PID.SUS-TPK/2021PN BNA Fariq Abiyyu Nawar; Mohammad Eka Putra; Mulhadi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.133

Abstract

Corruption case No. 10/Pid.Sus-TPK/2021/PN Bna, this case is quite interesting because it itself explains how a tendering process for the procurement of goods/services by the government which turns out to have many irregularities and conspiracies in it which actually also aims to benefit and enrich oneself by harming the state's finances. The research methods used in this study are normative with analytical descriptive properties, the approach used is normative and case approaches, data sources used are secondary data, techniques and data collection tools for literature studies, qualitative data analysis with deductive and inductive conclusions drawn. The results of the study stated that the Regulation regarding the procurement of goods and services according to Presidential Regulation Number 12 of 2021 concerning the Procurement of Government Goods and Services provides guidelines for the Regulation, to the procedures for the Procurement of Government Goods and Services that are Simple, Clear, and Comprehensive in accordance with good governance. It is carried out in 3 stages, namely: Unlawful acts in the procurement of goods and services can be subject to criminal sanctions are acts that abuse authority and arbitrariness. Abuse of authority and arbitrariness is basically a teaching of state administrative law, in the law on the eradication of corruption (PTPK Law), namely Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 explains the abuse of authority, namely in the provisions of article 3. Consideration of the Panel of Judges on Unlawful Acts that resulted in Criminal Offense in case no. 10/Pid.Sus-TPK/2021/PN Bna That the defendant was the head of the Simeuelue Regency PUPR office and as a budget user in road and bridge maintenance activities at the Simeulue Regency PUPR office in 2017.
DICHOTOMY OF BPJS REGULATIONS WITH LAW NO. 17 OF 2023 WHICH CAUSES THE LOSS OF THE FUNCTION OF GENERAL DENTISTS IN BPJS SERVICES IN HOSPITALS Amri Ul Ikhwan; Redyanto Sidi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.134

Abstract

This study examines the existence of a dichotomy or disharmony of regulations between the Social Security Administering Body (BPJS) and several other regulations including Law No. 17 of 2023 concerning Health, especially in the context of the role and function of general dentists in health services based on the National Health Insurance (JKN). After the enactment of Presidential Regulation (Perpres) No. 59 of 2024 concerning the Third Amendment to Presidential Regulation Number 82 of 2018 concerning Health Insurance (Perpres 59/2024), new provisions have emerged that implicitly or explicitly limit the scope of general dentist practice in BPJS services, including in promotive, preventive, curative, and rehabilitative aspects. The disharmony between BPJS technical regulations and the mandate of the latest Health Law has caused unrest in the field, both at the health facility level and dentists, and also the community as patients. This study uses a juridical-normative approach with an analysis of relevant laws and regulations, as well as interviews with practitioners in the field. The results of the study indicate that there is regulatory disharmony that has an impact on the loss of the strategic function of general dentists in the national health service system. Therefore, policy harmonization is needed between BPJS regulations and the Health Law to ensure the sustainability of services and protection for the general dentist profession in Indonesia.
IMPLEMENTATION OF RESTORATIVE JUSTICE PRINCIPLES IN TERMINATING PROSECUTION OF MINOR CRIMES BY THE PROSECUTOR'S OFFICE OF THE REPUBLIC OF INDONESIA Sumbodo, Dicky Dharmawan; Supanto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.135

Abstract

The law has the duty to ensure legal certainty in public life. But in reality, often law enforcement ends in legal injustice. The root of this unfairness stems from the ineffectiveness of the judicial system non society. Restorative justice is a term employed within the domain of criminal law. The indonesian prosecutor's office has released prosecutor's regulation number 15 of 2020, which deals with the discontinuation of legal proceedings through the use of restorative justice (PKRI 15/2020). Restorative justice is a method of resolving criminal cases that involves actively engaging the offenders, victims, their families, and other relevant individuals in order to achieve a fair conclusion. This strategy emphasises the reinstatement of the aggrieved parties to their initial condition, rather than pursuing revenge. The reasons for ending legal proceedings include restoring a fair state of affairs, safeguarding public interest, following the principle of proportionality, using punishment as a final option, and considering efficient, straightforward, and cost-effective proceedings
Laplace transform and its applications to Fractional differential equations Muneer Ahmad Sofi; Sobiya Jan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.138

Abstract

This paper investigates the application of the Laplace transform method in solving fractional differential equations. It establishes sufficient conditions under which the Laplace transform provides a rational approach to these problems. Key definitions and properties of fractional calculus, including the Riemann-Liouville and Caputo fractional derivatives, are discussed. Several lemmas are proved to facilitate the computation of inverse Laplace transforms involving fractional operators. The effectiveness of the method is demonstrated through examples of solving linear fractional differential equations with exact solutions. The study concludes that while the Laplace transform is well-suited for fractional differential equations with constant coefficients, its applicability is limited by the nature of the forcing terms.
LEGAL IMPLICATIONS OF LIMITATIONS OF HEALTH FINANCING IN ENSURING ACCESS TO BASIC HEALTH SERVICES Erdi Effendi Nasution; Marice Simarmata
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.141

Abstract

This research examines the legal implications of limited health financing in ensuring access to basic health services in Indonesia. It analyzes the legal provisions governing health financing and explores the challenges posed by limited funding in realizing the constitutional right to health for all citizens. The study reviews relevant legislation, including the Constitution, Human Rights Law, and the Health Law, alongside various health insurance schemes. The findings highlight the state's responsibility to provide equitable and just health services, while also addressing the obstacles to fulfilling these rights due to financial constraints. The research concludes with recommendations for strengthening health financing policies, improving governance, and ensuring equitable resource allocation to achieve universal health coverage and protect vulnerable populations.
CIVIL LEGAL ASPECTS IN INSURANCE AGREEMENTS (RESEARCH STUDY OF PT PRUDENTIAL LIFE ASSURANCE) Robby Tandean Oei; Bambang Fitrianto; Hasdiana Juwita Bintang
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.142

Abstract

This study discusses life insurance products accompanied by long-term investments from PT Prudential Life Assurance, which offers protection for insured by considering high risks related to market fluctuations and global economic uncertainty. This insurance product requires an in-depth understanding related to the legal arrangements for the insured, the legal liability of the insurance company in fulfilling claims, and the dispute resolution mechanism between the two parties. Therefore, it is important to research various legal aspects related to the implementation of life insurance products, especially those related to claim obligations, dispute resolution, and the difference between sharia and conventional insurance premiums. The formulation of the problem in this study is how the legal arrangements relate to life insurance products and what are the forms of legal liability that must be fulfilled by insurance companies in the claims process. This study aims to: 1) analyze the form of legal protection of the insured in the payment of life insurance claims, 2) examine the responsibility of insurance companies in the payment of life insurance claims, and 3) compare the form of dispute resolution and the difference between sharia and conventional insurance premiums. The methods used in this study are normative juridical approaches and empirical juridical approaches. The normative juridical approach is used to analyze legal provisions relevant to life insurance products, be it laws and regulations, agreements in insurance policies, or legal principles that govern legal protection for the insured. An empirical juridical approach is used to dig into data from practice in the field, which involves interviews with relevant parties in insurance companies and analysis of cases related to insurance claims. The data used in this study consisted of: 1) company policy documents and insurance policies, 2) laws and regulations governing the life insurance industry, 3) interviews with parties involved in the claims mechanism and dispute resolution, and 4) case studies related to insurance claims. The conclusion of this study shows that: 1) Legal protection for the insured in the payment of life insurance claims has been regulated in the applicable legal provisions, both through laws and regulations and clauses in the insurance policy, 2) The responsibility of insurance companies in the payment of claims is strictly regulated in the Consumer Protection Law, the Civil Code, and the Law on Insurance Business, 3) The settlement of insurance claims disputes is generally carried out through institutions Arbitration is in accordance with the terms of the policy, but can also be conducted through legal channels if there are no arbitration clause. The difference between sharia and conventional insurance premiums lies in the legal basis and the fund management mechanism, although both have similar basic principles in terms of legal protection for the insured.
IMPLEMENTATION OF PATIENT SERVICES IN THE EMERGENCY INSTALLATION OF PORSEA REGIONAL PUBLIC HOSPITAL Siska Tuanita L. Tobing; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.143

Abstract

Emergency Services are medical actions needed by emergency patients immediately to save lives and prevent disability. The problems in this study include how the legal relationship between doctors and patients in the Emergency Installation medical services according to health law in Indonesia, how the implementation of medical services to patients in the Emergency Room of the Porsea Regional General Hospital, and what form of legal protection regarding the actions of doctors in providing patient services in the Emergency Room of the Porsea Regional General Hospital. This study uses an empirical legal method with a descriptive analysis approach. Data were obtained through interviews, observations, and legal document studies. The legal relationship between medical and health personnel and patients in medical services in the emergency installation of a hospital according to health law in Indonesia is based on the principle that informed consent must be obtained before medical action is taken, especially in an emergency. The implementation of medical services for patients in the Emergency Room of Porsea Regional General Hospital has generally referred to a well-structured SOP, starting from the triage process to assess the patient's level of emergency to medical and administrative treatment. The form of legal protection for the actions of doctors in providing patient services in the Emergency Room (IGD) of Porsea Regional General Hospital focuses on the doctor's obligation to act quickly and appropriately in emergency situations, even though the patient cannot provide direct consent. Porsea Regional General Hospital also provides legal protection through the socialization of medical ethics and law, legal assistance for medical personnel in the event of a medical dispute, and a good documentation system to ensure that all medical actions are in accordance with applicable operational standards and procedures. Researchers recommend improving understanding of health law and therapeutic communication by medical personnel, periodic evaluation of SOPs by hospitals, and routine training on legal and ethical aspects of medicine, especially regarding the handling of emergency patients without consent to improve the quality and protection of services.
THE AUTHORITY OF THE PUBLIC PROSECUTOR IN CARRYING OUT CONFISCATION OF EVIDENCE OF CORRUPTION CRIMINAL ACTS IN PROSECUTION STAGE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.144

Abstract

The Criminal Procedure Code (KUHAP) expressly authorizes investigators to confiscate in order to maintain the security and integrity of these objects, but the confiscation must be based on the conditions and procedures determined by law and the confiscation is intended for the purpose of proof, especially as evidence in court. The research method used is a normative juridical research approach, namely an approach carried out by examining theoretical approaches, concepts, reviewing laws and regulations related to the implementation of the authority of the Public Prosecutor in confiscating evidence of corruption crimes at the Prosecution Stage. Based on research that the legal process of confiscating evidence of corruption by the Public Prosecutor at the Prosecution Stage, if during the trial legal facts are found related to the defendant's assets that have not been confiscated at the investigation stage, then the Public Prosecutor can submit a request for confiscation permission to the Panel of Judges then after being granted then the Panel of Judges issues a Determination of Confiscation Permit from the Panel of Judges, Furthermore, the Public Prosecutor in following up on the determination makes a Minutes of Implementation of the Judge's Determination and Minutes of Implementation of Confiscation which are then attached to the case file and stated in the indictment regarding evidence.

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