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INDONESIA
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 316 Documents
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ANALYSIS OF THE DEVELOPMENT OF THE ARCHIVES MANAGEMENT SYSTEM OF THE SHIP OWNED BY THE CLASS II BITUNG PLP BASE Fahmi Rahmat Afandi; Evi E. Masengi; Steven V. Tarore
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21215572

Abstract

This study aims to analyze the development of a ship archives management system at the Bitung Class II PLP Base and identify inhibiting factors in its development. Ship archives management plays a strategic role in supporting orderly administration, shipping safety, legal compliance, and accountability in the implementation of state duties in the maritime sector. This study uses a qualitative approach with a focus on the development of a ship archives management system at the Bitung Class II PLP Base. Data collection techniques were carried out through observation, interviews, and documentation. Data analysis was conducted descriptively qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The research study uses a public administration perspective and archives management theory that emphasizes the importance of effectiveness, efficiency, accountability, transparency, and archives management based on the archives life cycle. The results of the study indicate that the development of a ship archives management system at the Bitung Class II PLP Base has not been running optimally. The patterns and mechanisms of archives management still tend to be manual, not standardized, and have not fully implemented the complete archives life cycle. The implemented archiving system is also not fully in accordance with national archival regulations and standards, especially in the implementation of SOPs, archive retention schedules, and the use of electronic archives. Furthermore, limited human resources, infrastructure, and the lack of integrated information technology systems contribute to the low effectiveness of archives management. This study also found that factors inhibiting the development of a ship's archives management system include structural and institutional barriers, human resource and organizational culture barriers, and technical and technological barriers.
LAW ENFORCEMENT EFFECTIVENESS AGAINST DIGITAL CONTENT PIRACY IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW Hermanto
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21724325

Abstract

The rapid development of digital technology has significantly expanded the distribution of copyrighted works, however it has also intensified the practice of digital content piracy, resulting in economic losses and weakening legal protection for copyright holders. This condition highlights the urgency of examining the effectiveness of the existing legal framework. This study aims to analyze the effectiveness of law enforcement against digital content piracy from the perspective of intellectual property law, focusing on normative consistency, regulatory harmonization, and the adequacy of legal sanctions. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary legal materials including Law Number 28 of 2014 on Copyright, Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016, Government Regulation Number 71 of 2019, and Minister of Communication and Informatics Regulation Number 5 of 2020 as amended by Regulation Number 10 of 2021. These materials are analyzed using qualitative descriptive analytical methods. The findings indicate that normatively the legal framework governing digital content piracy is relatively comprehensive, however there remain regulatory inconsistencies, weaknesses in sanction formulation, and limitations in addressing the dynamics of digital platforms which may hinder effective law enforcement. The novelty of this research lies in its integrated cross regulatory analysis to identify normative gaps within the digital copyright protection regime. This study concludes that regulatory harmonization, strengthening of sanction norms, and legal policy reform are necessary to enhance the effectiveness of intellectual property protection in the digital era.
PROFIT SHARING SYSTEM AND LOSS BURDEN IN CATTLE REARING SHARIA ECONOMIC LAW PERSPECTIVE (Study in Sriwaylangsep Village, Kalirejo District, Central Lampung Regency) Yanuar Saputri; Khoiruddin; Gatot Bintoro Putro Aji
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20755881

Abstract

This study aims to analyze the way of profit sharing and loss responsibility in cattle farming in Sriwaylangsep Village, Kalirejo District, Central Lampung Regency, and review it from the perspective of Sharia Economic Law. This study uses a descriptive qualitative approach with data collection techniques through observation, interviews, and documentation. The focus of this research is on the implementation of mudharabah contracts between capital owners and managers in cattle farming activities. The results of the study show that the cooperation carried out by the community in general has adopted the concept of mudharabah with a profit-sharing system. However, in its implementation there are still inconsistencies with sharia principles, especially in the distribution of profits that are not always in accordance with the initial agreement. In addition, the mechanism for liability for losses has also not been implemented optimally, and there are weaknesses in the aspect of transparency due to the absence of a written contract. Judging from Sharia Economic Law, this practice has not fully fulfilled the principles of justice ('adl), usefulness (maslahah), partnership (shirkah), and transparency and accountability. Therefore, improvements are needed through the creation of a written contract, clarity of the distribution of results, and strengthening the agreement between the parties to avoid the element of gharar. Thus, it is hoped that the mudharabah practice applied can run fairly, transparently, and in accordance with sharia provisions.
ANALYSIS OF THE IMPLEMENTATION OF GOOD GOVERNANCE PRINCIPLES ON PUBLIC SERVICE QUALITY Laila Qadriyani Malikin Rumakat
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21526102

Abstract

This study in the field of Public Administration is motivated by the persistently low quality of public services, reflecting weak implementation of Good Governance, particularly in terms of transparency and responsiveness. The objective of this study is to analyze the effect of good governance principles on the quality of public services. A quantitative approach with an explanatory design was employed, involving 120 respondents who were public service users in Manokwari Regency, selected through accidental sampling. Data were collected using a Likert-scale questionnaire and analyzed using linear regression. The results indicate that the implementation of good governance has a positive and significant effect on public service quality, with responsiveness emerging as the most dominant factor directly enhancing user satisfaction and perceived service quality. This finding highlights a novel contribution, demonstrating that strengthening responsiveness based on local needs is more effective than formal administrative approaches. The study concludes that the adaptive optimization of good governance principles is a key strategy for improving public service quality.Good Governance
EFFECTIVENESS OF PATROL OPERATIONS AT BITUNG CLASS II SEA AND COAST GUARD BASE IN PREVENTING ENVIRONMENTAL POLLUTION AT SEA BY COMMERCIAL VESSELS Yoel Christian; Julien Biringan; Joice Ch. Kumaat
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21158541

Abstract

This study aims to analyze the effectiveness of patrol operations at the Bitung Class II Sea and Coast Guard Base (PLP) in preventing marine pollution by merchant vessels and to identify factors that hinder its effective implementation. The background of this study is the persistent gap between the ideal conditions of marine environmental surveillance and the reality in the field, where marine pollution caused by merchant vessel activities still occurs despite the existence of national and international regulations governing it. This study uses a qualitative approach with a public administration perspective. Data were collected through interviews, observations, and documentation, then analyzed descriptively qualitatively using an effectiveness approach that includes input, process, output, and outcome. The analysis focused on patrol planning and implementation, inter-agency coordination, and the availability of organizational resources. The results show that the effectiveness of patrol operations at the Bitung Class II PLP in preventing marine pollution by merchant vessels is not optimal. This is due to limited human resources, a lack of patrol fleets, budget constraints, and suboptimal coordination between related agencies. These conditions have resulted in uneven coverage of surveillance and the continued discovery of potential marine pollution violations in Bitung waters. In conclusion, the effectiveness of patrol operations is greatly influenced by institutional capacity and synergy between actors in the marine surveillance system. Therefore, it is necessary to strengthen resources, improve coordination, and optimize patrol strategies to support sustainable marine environmental protection.
IMPLEMENTATION OF WASTE MANAGEMENT POLICY IN BUMI BERINGIN VILLAGE, WENANG DISTRICT, MANADO CITY Regina Sondakh; Evie E. Masengi; Joyce Ch. Kumaat
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine, analyze, and describe the waste transportation system and the factors that influence the implementation of policies on waste management by reviewing several indicators, namely household waste sorting, waste transportation to the SPA (Intermediate Transition Station) by garbage motorbikes, then continued to the TPA (Final Disposal Site) by garbage trucks, and also the timeliness of waste transportation. The research method used is a descriptive method with a qualitative approach using primary and secondary data obtained through interviews, observations, and documentation. The results of this study indicate that good waste management can support the optimization of the waste transportation process. The implementation of waste management policies on the transportation system still encounters various obstacles, such as a lack of public awareness in sorting waste, a lack of transportation fleets, delays in transportation, and a lack of maximum supervision. These obstacles cause the waste transportation system to not run optimally. In addition, the implementation of policies in waste management greatly affects the smoothness and optimization of the waste transportation system, so there is a need for improved facilities and infrastructure, community participation, and more intensive supervision so that the waste transportation system can run well, more effectively, efficiently, and sustainably.
LIMITATIONS ON COMPLAINTS IN COHABITATION AND ADULTERY ACCORDING TO THE NATIONAL CRIMINAL CODE Musawir; Ahmad Syahird; Miftahul Jannah; Erlangga Putra Mulya
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21483297

Abstract

The regulation regarding the crime of cohabitation and adultery in the National Criminal Code is part of the national criminal law reform that seeks to adapt the law to the moral, religious, and cultural values of Indonesian society. This regulation is accompanied by a limitation on complaints through an absolute complaint offense mechanism that only grants the right to complain to certain parties. This study aims to analyze the normative construction of the limitation on complaints in the crime of cohabitation and adultery according to the National Criminal Code and examine its relevance to the objectives of the national criminal law reform, with a statute approach, a conceptual approach, and a philosophical approach. The legal materials used consist of primary legal materials in the form of the National Criminal Code and related regulations, secondary legal materials in the form of books, journals, and opinions of criminal law experts, as well as tertiary legal materials that support the research. The analysis was conducted qualitatively by examining the synchronization of norms and criminal law politics in the regulation of moral offenses. The results of the study indicate that the limitation on complaints in the crime of cohabitation and adultery is a form of criminal law politics that aims to limit state intervention in the private sphere of citizens and prevent excessive criminalization. These regulations reflect a balance between protecting moral values and respecting individual privacy rights. However, the limitations on complaints also raise normative issues related to legal certainty and the effectiveness of protecting moral values in Indonesia's pluralistic society. Therefore, a more adaptive and proportional criminal law policy is needed to ensure that the regulation of criminal acts of cohabitation and adultery continues to reflect the values of justice, expediency, and legal certainty within society.
ABUSE OF FORCE BY MEMBERS OF THE DALMAS IN HANDLING DEMONSTRATIONS Davin Ardra; Hafid Zakariya; Suparwi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21534674

Abstract

Demonstrations are a form of implementation of human rights guaranteed by the 1945 Constitution of the Republic of Indonesia and Law Number 9 of 1998 concerning Freedom of Expression in Public. In its implementation, the Indonesian National Police (POLRI), especially the Dalmas (Community Police), has an obligation to maintain security and order during demonstrations. However, in practice, there are still cases of abuse of force by Dalmas members that are carried out excessively and disproportionately against demonstration participants. This study aims to analyze the forms of abuse of force by Dalmas members in handling demonstrations, the causes of abuse of authority, and law enforcement efforts against police officers who commit violations. The results of the study indicate that repressive actions by Dalmas officers that exceed the limits of authority are contrary to the principles of legality, proportionality, necessity, and respect for human rights as specified in applicable laws and regulations. This abuse of force can be categorized as a violation of the law, a violation of discipline, and a violation of the Indonesian National Police's professional code of ethics. Therefore, stricter oversight, increased professionalism of officers, human rights education, and reform of the police's legal culture are needed to achieve humane and democratic law enforcement.
CRIMINOLOGICAL ANALYSIS OF THE PHENOMENON OF JUVENILE DELINQUENCY IN THE PANGKAJENE AND ISLANDS REGENCY AREA: CAUSING FACTORS, IMPACT AND COMMUNITY BASED PREVENTION EFFORTS Astri Aryanti Amsyahar; M. Amsyahar
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21447378

Abstract

This study aims to analyze in depth the factors that cause juvenile delinquency, identify its impacts, and formulate effective and sustainable prevention efforts by involving the active role of the community. This study uses an empirical legal research method with a criminological approach. Data collection was conducted through direct observation, interviews with sources consisting of teenagers, parents, community leaders, law enforcement officers, and school officials, as well as the study of related documents. The data obtained were analyzed descriptively qualitatively to describe and explain the problems studied. The results of the study indicate that juvenile delinquency in Pangkep Regency is caused by the interaction of various factors, both from within the teenager and from their surrounding environment. Internal factors include psychological conditions, lack of legal understanding, and the search for identity, while external factors include family conditions, social environment, the influence of technology and information, and the socio-economic conditions of the community. Juvenile delinquency that occurs varies in form, ranging from acts that violate social norms to acts that are categorized as criminal acts, with impacts felt by individuals, families, and society at large. Handling juvenile delinquency cannot be done only with a law enforcement approach, but requires a comprehensive approach and involves all elements of society. Community-based prevention efforts are an effective strategy because they can reach the root of the problem and are implemented sustainably. This research recommends strengthening the role of community institutions, enhancing collaboration between various parties, and developing programs that support the development and potential of adolescents, so they can grow and develop into good and responsible citizens.
POLICE DISCRETION IN HANDLING DEMONSTRATIONS AS SEEN IN THE APPLICATION OF HUMAN RIGHTS Rahmad Masturi; A. Afgan Nugraha; Mujibur Rahman; Demas Candra Maheswara
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21526717

Abstract

Police discretion is the authority held by the Indonesian National Police (Polri) to act based on their own judgment in certain situations, including in handling demonstrations. However, in practice, the use of discretion often raises legal issues, particularly regarding potential human rights violations. This study aims to analyze the regulation of police discretion in handling demonstrations and assess whether existing restrictions are adequate to guarantee human rights protection. The research method used is normative legal research, with a statutory and conceptual approach. The legal materials used include primary legal materials in the form of laws and regulations related to the police and human rights, as well as secondary legal materials in the form of literature and expert opinions. The analysis was conducted qualitatively using a deductive method. The results indicate that, normatively, police discretion has a legal basis and limitations based on the principles of legality, proportionality, and accountability. However, the existing regulations are still general and open to multiple interpretations, potentially leading to abuse of authority and human rights violations in the practice of handling demonstrations. Therefore, a more assertive and measurable reformulation of police discretionary regulations is needed, establishing clear boundaries and developing standard operating procedures (SOPs) oriented toward protecting human rights. In conclusion, strengthening police discretionary regulations through clear limitations and implementing human rights-based SOPs is a crucial step toward achieving just, proportional law enforcement that respects citizens' rights to express their opinions in public.

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