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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 221 Documents
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RATIO DECIDENDI MILITARY COURT JUDGES IN DECIDING ON THE CRIMINAL ACT OF DESERTION (STUDY OF DECISION NUMBER 30-K/PM.I-02/AD/IV/2023, DECISION NUMBER 34-K/PM.I-02/AD/IV/2023) Fransiska Alemina Sembiring; Mahmud Mulyadi; Rosmalinda
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Desertion is a criminal offense that causes significant harm to multiple parties, particularly the perpetrator, their family, their military unit, and the state, which has invested substantial resources in their education and training. This study examines the following issues: how desertion committed by members of the Indonesian National Armed Forces (TNI) is regulated under applicable law; how the principles of military necessity are applied in adjudicating desertion cases involving TNI personnel; and how the ratio decision of military court judges is implemented in such cases, based on Decision No. 30-K/PM.I-02/AD/IV/2023 and Decision No. 34-K/PM.102/AD/IV/2023. This research employs a normative legal approach. The findings indicate that the legal framework governing desertion by TNI members is regulated under Article 87 paragraphs (2) and (3) of the Indonesian Military Criminal Code (KUHPM). Article 87 paragraph (2) provides that desertion committed during peacetime is punishable by imprisonment for a maximum of 2 years and 8 months, while paragraph (3) provides that desertion committed during wartime is punishable by imprisonment for a maximum of 8 years and 6 months. However, the KUHPM contains several terms that give rise to multiple interpretations, particularly regarding the concept of peacetime. The principle of military necessity in adjudicating desertion cases involving TNI members is inseparable from three fundamental principles: the principle of unity of command, the principle of command responsibility, and the principle of military necessity itself. These principles form the basis for examining desertion cases involving active TNI personnel. The ratio decidendi of military court judges in these cases, as reflected in Decision No. 30-K/PM.I-02/AD/IV/2023 and Decision No. 34-K/PM.I-02/AD/IV/2023, shows that the panel of judges found the defendants guilty of committing desertion on the grounds that they intentionally carried out the act and deliberately ceased performing their duties as military personnel, and that the acts were committed during peacetime
POLICY ON SETTING TIME LIMITS FOR THE RESOLUTION OF JUVENILE CRIMINAL CASES AT THE FIRST-INSTANCE TRIAL STAGE BASED ON THE PRINCIPLE OF JUSTICE: Formulasi Kebijakan Penetapan Batas Waktu Penyelesaian Perkara Pidana Anak pada Tahap Persidangan Tingkat Pertama Berdasarkan Asas Keadilan Nurul Palah; Prija Djatmika; Bambang Sugiri
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study examines the policy formulation regarding time limits for the resolution of juvenile criminal cases at the first-instance trial stage based on the principle of justice. The research focuses on the urgency of establishing clear procedural time limits in juvenile criminal proceedings, particularly in cases where diversion fails to achieve an agreement and the matter proceeds to court. The study employs a normative juridical method using statutory, conceptual, and analytical approaches to examine the Juvenile Criminal Justice System Law, the New Criminal Procedure Code, and Supreme Court regulations related to judicial administration. The findings reveal that the absence of explicit regulations concerning time limits for juvenile case examinations creates legal uncertainty, prolongs judicial proceedings, and potentially affects the psychological condition and legal protection of children in conflict with the law. Furthermore, inconsistencies between procedural regulations and restorative justice mechanisms hinder the realization of effective and child-centered justice. Therefore, this study proposes an ideal criminal law policy (ius constituendum) through the establishment of specific time limits, judicial supervision mechanisms, and administrative sanctions to ensure expedited case resolution while maintaining restorative justice principles and prioritizing the best interests of the child.
COMMUNICATION IN THE VILLAGE DISTRICT SELECTION DELIBERATION IN DIMEMBE DISTRICT Stefanus Ambow; Goinpeace H. Tumbel; Devie S.R. Siwij
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The purpose of this study was to analyze the formal and informal communication patterns between the Village Consultative Body (BPD) and the Village Head (Uku Tua) in the implementation of the Pinilih Village Deliberation (Deliberation), as well as to analyze information transparency, community participation, and decision documentation in inter-institutional communication in the Village Deliberation. The method used was a descriptive qualitative approach with a case study design. Data collection was conducted through in-depth interviews, observation, and document studies, while data analysis followed the Miles and Huberman model. The results showed that formal and informal communication between the BPD and the Village Head (Uku Tua) was not yet balanced; informal communication via WhatsApp, telephone, and in-person meetings was more dominant, but did not leave administrative evidence, making it difficult to evaluate. Information transparency was still hampered by miscommunication on sensitive issues such as Direct Cash Assistance (Bantuan Langsung Tunai). Community participation was not optimal because some residents did not attend without clear reasons. Decision documentation in the form of minutes and minutes was available physically and digitally, but the quality of the content was not strong enough to provide a basis for accountability. Thus, the accountability of the Village Deliberation needs to be supported by a balance of formal and informal communication, greater transparency, equitable participation, and complete and orderly documentation.
RESTORATIVE JUSTICE FOR CHILDREN IN CONFLICT BY LAW REVIEWED LAW NUMBER 11YEAR2012ABOUT THE JUVENILE CRIMINAL JUSTICE SYSTEM Aruf Bahirra; Ismaidar; Aulia Rahman Hakim Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study examines the application of restorative justice to children in conflict with the law from the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The purpose of the study was to analyze the application of restorative justice principles, identify obstacles to their implementation, and assess the extent to which the juvenile justice system in Indonesia has prioritized the best interests of children. This study uses a normative juridical method with a statutory approach and conceptual approach, supported by secondary data in the form of laws and regulations, legal literature, and previous research results. The results of the study show that normatively, the SPPA Law has provided a strong legal basis for the application of restorative justice through the Diversion mechanism as stipulated in Articles 6-15. The main principle of the juvenile justice system emphasizes protection, justice, the best interests of children, and makes detention and punishment as the last resort (ultima ratio) as stated in Article 2 letters i and j. However, empirically, the implementation of this principle is not optimal. Diversion often fails to be carried out due to the lack of understanding of the authorities of Article 9 and Article 10 which regulate the consent of victims and the limits of minor crimes. In addition, the implementation of child protection as stipulated in Articles 30-38 has not been maximized, because children are still often detained even though they do not meet the conditions of detention.
IMPLEMENTATION OF NARCOTICS POLICY IN THE JURISDICTION OF THE TOMOHON POLICE RESORT Andre Spencer Deeng; Goinpeace H. Tumbel; Devie S. R. Siwij
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: 10.59733/jishup.v4i2.250

Abstract

This study aims to describe, analyze, and explain the implementation of drug abuse policies in the Narcotics Criminal Investigation Unit of the Tomohon Police Resort Jurisdiction based on Law Number 35 of 2009 concerning Narcotics. The focus of the study covers three main indicators: (a) the adequacy and qualifications of Narcotics Unit personnel, (b) the adequacy and efficiency of operational budget allocation, and (c) the coverage and effectiveness of community-based prevention programs. This study uses a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation. Research informants consist of the Head of the Narcotics Unit, members of the Narcotics Unit, and community leaders of Tomohon City. Data analysis uses the interactive model of Miles and Huberman, with data validity checks through source and technique triangulation. The research findings indicate that the implementation of narcotics policy at the Tomohon Police Department still faces various challenges. First, from a personnel perspective, there is a gap between ideal and actual needs, with only about 69 percent of personnel being met. Furthermore, there is uneven distribution of specialized training certification due to limited Education and Training (Dikbang) and Latnis (National Training and Development) quotas. Second, from a budget perspective, the allocation for outreach programs is only about 10-15 percent, without any real-world needs analysis support. There is no efficiency measurement mechanism, and there is still a reliance on the National Narcotics Agency (BNNP) for in-depth forensic analysis. Third, from a prevention program perspective, coverage remains limited, with the Drug-Free Village program limited to only one sub-district. Outreach methods are dominated by one-way, less interactive lectures, and there is no systematic rehabilitation referral mechanism. This study recommends additional personnel, expansion of prevention programs, development of digital-based outreach methods, and an increase in the budget allocated for preventive activities.
LEGAL AND TECHNOLOGICAL ANALYSIS OF DAPODIK DATA FORGERY IN PKBM NON-FORMAL EDUCATIONAL UNITS Munawir; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The digitalization of Indonesia's education system has provided the Basic Education Data (Dapodik) as a national database that supports administration, planning, and the distribution of educational assistance. In practice, the use of the Dapodik system in non-formal education units, such as Community Learning Centers (PKBM), still faces various issues, one of which is administrative data falsification. This data manipulation can include the inclusion of fictitious students, the manipulation of study group numbers, and the use of educator data that does not reflect actual conditions. These actions not only impact the validity of education policies but also have the potential to cause state losses and legal violations. This study aims to analyze the forms of Dapodik data falsification in PKBM, examine the legal accountability of data falsifiers, and analyze the role of technology in detecting and preventing educational data manipulation. The study uses a qualitative method with a normative juridical approach and an information technology approach. Data sources were obtained through library research, including legislation, legal literature, scientific journals, and various studies on educational information systems and cases of Dapodik data falsification. The research results indicate that the practice of falsifying Dapodik data occurs due to a weak monitoring system, suboptimal data validation, and low integrity of educational administration managers. From a legal perspective, these actions can be categorized as a form of document falsification and misuse of electronic systems, which are potentially subject to sanctions under criminal law and the Electronic Information and Transactions Law. Furthermore, advances in information technology can be utilized as a preventative measure through the implementation of automated validation systems, population data integration, digital audits, and artificial intelligence-based monitoring to detect irregular data.
OPTIMIZATION OF THE UTILIZATION OF PASURUAN REGENCY GOVERNMENT SOCIAL MEDIA IN POLICY COMMUNICATION AND REGIONAL PROMOTION Ardyan Setyo Prabowo
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The quick growth of information and communication technology has equally brought about changes in the process of communication within the governance system. In this case, the utilization of social media becomes very important because it can be used to disseminate information and boost the region. Nevertheless, the application of social media in the local government is mostly done during ceremonies rather than for communicating policies. This research focuses on identifying the utilization of social media in policy communication and regional promotion of the Pasuruan Government, as well as the necessity to implement a social media governance policy. This study used a qualitative policy analysis method, including such techniques as document analysis, social media monitoring, and secondary data analysis. Information was assessed using descriptive analytical approach to uncover communication tendencies, institutional problems, social media governance needs, and policy recommendations concerning the management of social media by the local government. Furthermore, this research utilized the USG (Urgency, Seriousness, Growth) technique to define priorities and the Dunn policy analysis framework to assess alternative policies. According to the findings, although government social media accounts show relatively high levels of audience reach, engagement and effectiveness of policy communication remain low. Existing content is still primarily related to the documentation of ceremonial events. Interaction between government institutions and the general population remains insufficient and inconsistent. Also, the lack of an integrated governance approach, communication guidelines, key performance indicators, and coordination mechanisms has led to social media management by local government to be fragmented and ineffective. This study concluded that optimization of social media activities by governmental organization requires an implementation of integrated social media governance policy, which would regulate communication guidelines, public interaction, coordination and assessment of performance. As a result, this study recommended adopting an integrated social media governance policy in the Government of Pasuruan Regency.
THE INFLUENCE OF DOXING ON THE DEVELOPMENT OF CYBERCRIME THROUGH WHATSAPP IN A CRIMINALISTIC PERSPECTIVE Muhammad Ikhsan Khairi; Chairuni Nasution
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The development of information and communication technology has brought significant changes to people's interaction patterns, especially through the use of social media and instant messaging applications such as WhatsApp. On the other hand, these advances are also various forms of cybercrime, one of which is doxing. Doxing is the act of collecting, disclosing and disseminating a person's personal data without legal consent, which has the potential to cause serious harm to the victim. From a criminalistic perspective, doxing is not only understood as a violation of the law, but also as a criminal event that leaves a digital footprint that can be analyzed scientifically for the sake of legal proof. This study aims to examine the juridical regulation of cybercrime in Indonesian criminal law and analyze the influence of doxing in the development of cybercrime through WhatsApp. The research method used is normative juridical research with a literature approach. The results of the study show that although doxing has not been explicitly regulated as a separate offense, the act can be charged through the provisions of the Electronic Information and Transaction Law and the Personal Data Protection Law. Therefore, it is necessary to strengthen regulations and increase criminalistic understanding to deal with the increasingly complex phenomenon of doxing
IMPLEMENTATION OF TRIAL MANAGEMENT POLICY AT THE MANADO CITY DPRD SECRETARIAT Merlinda Sumual; Sisca B. Kairupan; Xaverius E. Lobja
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: 10.59733/jishup.v4i2.254

Abstract

This study aims to analyze the implementation of the trial management policy at the Manado City DPRD Secretariat and identify supporting factors, obstacles, and strategic steps to improve trial effectiveness. The study used a descriptive qualitative approach with data collection techniques through in-depth interviews, observation, and documentation studies. The results showed that the implementation of the trial management policy has been running with an adequate regulatory basis (PP No. 12 of 2018 and Permendagri No. 104 of 2018), but is not yet optimal. The communication aspect has used formal and informal channels, but the consistency of information delivery is still hampered by sudden agenda changes. The resource aspect shows the availability of competent human resources and adequate facilities, but the number of staff is limited when the agenda is busy and the budget is less flexible. The disposition aspect reveals a high commitment of administrative staff, but the discipline of DPRD members' attendance remains a structural challenge. The bureaucratic structure aspect has a clear division of tasks, but the coordination mechanism and adaptability of SOPs need to be strengthened. The main supporting factors include regulatory clarity, staff competence, and leadership support, while significant inhibiting factors are agenda uncertainty, lack of quorum, and budget limitations/flexibility. This study recommends the development of an integrated digital system, adaptation of emergency SOPs, optimization of human resources through training, and strengthening cross-departmental coordination to improve the effectiveness of trial management.
IMPLEMENTATION OF THE E-MONITORING AND EVALUATION POLICY OF REGIONAL APPARATUS WORK PLAN AT THE CITY OF KOTAMOBAGU CITY INVESTMENT AND ONE-DOOR INTEGRATED SERVICES DEPARTMENT Helfrits J. Lahimade; Devie S. R. Siwij; Steven V. Tarore
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: 10.59733/jishup.v4i2.255

Abstract

This study aims to analyze the implementation of the e-Monev policy for the Regional Device Work Plan at the Kotamobagu City Investment and One-Stop Integrated Services Office and identify its determinants. The study employed a qualitative approach, with data collection techniques including interviews, observation, and documentation. Data analysis was conducted through data reduction, data presentation, and conclusion drawing. The research results indicate that the implementation of e-Monev has not been optimal. Despite being supported by regulations and technical guidelines, obstacles remain, such as data input errors, delays in input and reporting, and inconsistencies in supporting data. Determining factors affecting implementation include limited human resources, lack of commitment from implementers, and inadequate infrastructure. In conclusion, the success of e-Monev implementation is heavily influenced by communication, resources, the disposition of implementers, and bureaucratic structure. Therefore, increasing human resource capacity, strengthening commitment, and optimizing systems and infrastructure are necessary to support effective monitoring and evaluation of regional development.

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