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Rico Nur Ilham
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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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BUDGET REALIZATION ANALYSIS AND PROVISION OF INCENTIVES FOR HEALTH WORKERSAT THE HEALTH OFFICE OF NORTH SULAWESI PROVINCE Kethlin Carolin Mewo; Steven V. Tarore; Laurens L. Bulo
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.21212028

Abstract

This study aims to analyze the incentive provision procedures and the determinants that influence them. The type of research used is qualitative with a descriptive-analytical approach. Informants in this study consisted of the Head of the General Sub-Section, the Commitment Making Officer (PPK), the expenditure treasurer, the incentive program manager, administrative staff, and health workers receiving incentives. Data were obtained through in-depth interviews, observation, and documentation. Then, they were analyzed through data reduction, data presentation, and conclusion drawing. Their validity was tested through credibility, transferability, dependability, and confirmability tests. The results showed that the incentive provision procedures include data collection, setting cost standards, implementing SOPs, verification and validation, and budgeting and disbursement of funds. However, their implementation has not been optimal due to delays in data submission, administrative inconsistencies, limited human resource capacity, low budget realization, and suboptimal coordination between work units, which have resulted in delays in incentive payments. Therefore, it is necessary to improve the quality of administration, apparatus capacity, coordination, and optimize budget realization.
THE CONCEPT OF LEGAL JUSTICE FOR CHILDREN AS PERPETRATORS OF CRIMINAL ACTS OF NARCOTICS DISTRIBUTION (A Study of Decisions of The Medan District Court): A. The Concept of Legal Justice for Children as Perpetrators of Narcotics Trafficking Crimes, B. The Implementation of Legal Justice for Children as Perpetrators of Narcotics Trafficking Offenses in the Decisions of the Medan District Court, C. Obstacles in the Implementation of Legal Justice for Children as Perpetrators of Narcotics Trafficking Ikhsan Sahriyan; Zulkarnain
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.21125954

Abstract

This study examines the concept and implementation of legal justice for children involved in narcotics trafficking offenses within the Indonesian juvenile criminal justice system. Narcotics possess legitimate medical and scientific functions; however, their abuse and illegal distribution have resulted in serious social consequences, including the involvement of children as couriers or intermediaries in narcotics distribution networks. Children involved in such cases are generally not principal offenders, but rather victims of criminal exploitation, thereby requiring special legal protection based on the principle of the best interests of the child and restorative justice mechanisms. This research applies a normative legal research method through statutory and case approaches using descriptive-qualitative analysis. The findings reveal significant disparities in sentencing practices in several decisions of the Medan District Court involving children convicted of narcotics trafficking offenses. Despite similarities in the type of offense, category of narcotics, and quantity distributed, the punishments imposed varied considerably. The study concludes that judicial discretion, prosecutors’ indictments, subjective judicial considerations, and limited rehabilitation facilities remain dominant factors influencing court decisions. Therefore, strengthening juvenile justice regulations, improving law enforcement capacity, and providing adequate rehabilitation facilities are necessary to ensure optimal child protection and sustainable social reintegration.
THE PROFESSIONAL DISCIPLINE COUNCIL IN DETERMINING MEDICAL MALPRACTICE OFFENCES: A REVIEW OF REGULATIONS, PROCEDURES, AND CRIMINAL LIABILITY (PROFESSIONAL DISCIPLINE COUNCIL IN DETERMINING MEDICAL MALPRACTICE OFFENCES: A REVIEW OF REGULATIONS, PROCEDU Muhammad Fazli Pratama; Mar’ie Mahfudz Harahap
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.21126670

Abstract

This study discusses the role of the Professional Disciplinary Council (MDP) in determining the existence of medical malpractice offenses before a case is brought to the general courts. This study is motivated by the need for a more objective assessment mechanism so that alleged errors by medical personnel are not immediately processed as criminal offenses without adequate professional disciplinary assessment. The method used is normative legal research by examining primary legal materials in the form of Law No. 17 of 2023 concerning Health, Law No. 1 of 2023 concerning the Criminal Code, the Criminal Procedure Code, and related regulations, as well as secondary legal materials in the form of books, journals, and legal doctrines. The research questions include the role and procedures of the MDP in handling medical malpractice, the forms of criminal liability for medical personnel under the Criminal Code and the Health Law, and the perspective of Islamic criminal law on the criminal liability of medical personnel. The results of the study indicate that the MDP serves as the initial gateway for disciplinary assessment, whereas criminal liability can only be imposed if there is fault, negligence, and a legally provable causal relationship.
LEGAL CERTAINTY ON THE CANCELLATION OF THE EXTENSION OF BUILDING USE RIGHTS OVER MANAGEMENT RIGHTS (STUDY OF SUPREME COURT DECISION NUMBER 245 K/TUN/2024) Lutfia Haneda Zahara; Jamal Wiwoho; Andina Elok Puri Maharani
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.21133888

Abstract

This study aims to analyze the validity of the administrative action of canceling the extension of Building Use Rights (HGB) over Management Rights (HPL) by land officials and examine whether the legal considerations of the Panel of Judges in Supreme Court Decision Number 245 K/TUN/2024 have provided legal certainty for HGB holders. This problem arises due to the cancellation of the HGB extension which gives rise to disputes regarding the limits of the authority of land officials and legal protection for land rights holders. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary legal materials and secondary legal materials which are analyzed qualitatively using a prescriptive method. The results of the study indicate that the validity of the cancellation of the HGB extension must be tested based on aspects of authority, procedure, and substance in accordance with the provisions of government administrative law and applicable land regulations. In addition, the legal considerations of the Panel of Judges in Supreme Court Decision Number 245 K/TUN2024 have an important role in realizing legal certainty through testing the legality of the actions of land officials. The ruling affirms that the exercise of administrative authority must be based on statutory regulations, the principle of legal certainty, and general principles of good governance, so that the rights of HGB holders acting in good faith remain legally protected. Therefore, legal certainty in the land sector can only be achieved if every administrative action is carried out legally, proportionally, and accountably.
RESPONSIBILITY OF MINING CORPORATIONS TOWARDS HUMAN RIGHTS: AN ANALYSIS OF INTERNATIONAL STANDARDS AND THEIR IMPLEMENTATION IN INDONESIA Agustina; Gabriella Almasari Datuan
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.21723142

Abstract

The mining sector in Indonesia is often associated with human rights violations, ranging from land grabbing, environmental pollution, to violence against affected communities. However, under the international legal framework, corporations have an obligation to respect human rights as stipulated in the United Nations Guiding Principles on Business and Human Rights 2011. This principle emphasizes that corporations are required to conduct Human Rights Due Diligence to prevent and address the negative impacts of their activities. This study uses a normative juridical method with a legislative and conceptual approach to examine the responsibility of mining corporations towards human rights. The analysis focuses on harmonization between international standards and Indonesian national law, specifically Articles 28A-28J of the 1945 Constitution, Law No. 39 of 1999 concerning Human Rights, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 3 of 2020 concerning Minerals and Coal. The results of the study indicate that although Indonesia has a regulatory framework that accommodates the principle of corporate human rights responsibility, its implementation is still weak. Key obstacles include weak oversight, limited access to justice for victims, and the widespread practice of Strategic Lawsuits Against Public Participation (SLAPPs) against environmental human rights defenders. The study concludes that strengthening mandatory due diligence mechanisms, optimizing the role of the National Commission on Human Rights (Komnas HAM), and enforcing administrative and criminal sanctions are key to ensuring the accountability of mining corporations in Indonesia.
FULFILLMENT OF CUSTOMARY OBLIGATIONS AS ADDITIONAL CRIMINAL PENALTIES IN THE REFORM OF THE NATIONAL CRIMINAL CODE Viola Azzahra Deavva; Febiola Dipa Salsabila
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.21447848

Abstract

Fulfillment of customary obligations as additional punishment as regulated in Article 66 of the Criminal Code is a new step to align positive law with customary norms but also has the potential to give rise to new legal issues. This study aims to analyze the limitations of the application of customary obligations as additional punishment so that it remains in line with the concept of restorative justice and does not violate human rights. This study uses a normative juridical method with a legislative approach and a conceptual approach. The results of this study indicate that the fulfillment of customary obligations can be an effective mechanism in supporting the objectives of punishment, as long as its implementation is strictly regulated to avoid discrimination, deviations, and human rights violations. Although it is included in the category of additional punishment, it is in line with the concept of restorative justice in the National Criminal Code. Punishment based on the fulfillment of customary obligations has also been proven to strengthen social relations between perpetrators, victims, and the community, thus contributing to realizing just recovery in accordance with the spirit of criminal law reform in Indonesia.
ANALYSIS OF THE TRANSFER OF CURRENT LAND INTO A NATIONAL STRATEGIC PROGRAM FROM AN AGRARIAN LAW PERSPECTIVE CASE STUDY: GREEN GREBBING IN PAPUA Kaleb Delon Panggabean; Deni Kristiani Saragih; Juranda; Aldo Alva Rezki
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.21534604

Abstract

This study comprehensively examines the issues of the transfer of customary land of indigenous legal communities, particularly in Papua, into the National Strategic Program scheme from the perspective of agrarian law. The phenomenon known as green grabbing, which is the transfer of indigenous land using a green narrative (environment and sustainable development) to achieve food self-sufficiency targets, has caused serious structural conflicts between the communal rights of the Papuan indigenous communities and the government's interests in implementing large-scale infrastructure and economic development projects. This study uses a normative juridical method through several legal approaches. The results of the study show that the mechanism of transferring customary land into the National Strategic Program has neglected the fundamental rights of Papuan indigenous law communities and is contrary to the social function as specified in Law Number 5 of 1960 concerning the Basic Regulations of Agrarian Principles. Furthermore, it was found that the instrumentalization of the green narrative in the context of the National Strategic Program in Papua has become a new legitimacy for the seizure of customary land, which substantively harms the customary sovereignty of Papuan communities.
IMPLEMENTATION OF SEA PORT MANAGEMENT POLICIES BY THE PORT MASTER AND CLASS 1 BITUNG PORT AUTHORITY OFFICE Sanchez Roy Tantu; Theodorus Pangalila; Jetty E. H. Mokat
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.21215152

Abstract

This study aims to analyze the implementation of the policy on duties and functions of seaport management by the Bitung Class I Harbormaster and Port Authority Office (KSOP) and to identify the determinants influencing the implementation of the policy. This study uses a qualitative approach with descriptive methods. The research location was at the Bitung Class I KSOP. Data collection techniques were carried out through in-depth interviews, observation, and documentation. Research informants consisted of KSOP officials, operational employees, port service users, and other related parties. Data analysis was carried out through the stages of data reduction, data presentation, and conclusion drawing, while data validity was tested through source and technique triangulation. The results of the study indicate that the implementation of the policy on duties and functions of seaport management by the Bitung Class I KSOP has not been running optimally. In its regulatory function, there are still inconsistencies in the application of regulations and delays in port administration processes. In its supervisory function, limited human resources and supporting facilities have resulted in less than optimal supervision of port activities. Meanwhile, in the function of port service providers, the quality of task implementation has not fully met the principles of speed, accuracy, transparency, and responsiveness as mandated by Law Number 25 of 2009. The determinant factors that influence policy implementation include aspects of communication, human resources, apparatus disposition, and bureaucratic structure. This study concludes that the effectiveness of the implementation of seaport management policies at KSOP Class I Bitung requires strengthening inter-agency coordination, increasing human resource capacity, simplifying administrative procedures, and optimizing technology-based work systems.
IMPLEMENTATION OF VILLAGE FUND (DD) POLICY IN MANAGING MARINE TOURISM POTENTIAL IN BAHOI ECOTOURISM VILLAGE, LIKUPANG BARAT DISTRICT, NORTH MINAHASA REGENCY Bestrys Arlen Angkouw; Julien Biringan; 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.21156086

Abstract

This study aims to analyze the implementation of the Village Fund (DD) policy in managing marine tourism potential in Bahoi Ecotourism Village, West Likupang District, North Minahasa Regency. Using a qualitative approach with a case study design, data were collected through in-depth interviews with five key informants, field observations, and a study of village financial planning and reporting documents. Data analysis refers to an interactive model of reduction, presentation, and conclusion drawing. The results show that the planning and implementation of DD for the marine tourism sector have met administrative compliance standards through the Village Deliberation mechanism, TPK monitoring, and digital reporting of the Village Finance System (Siskeudes). However, policy implementation is still project-based and oriented towards short-term outputs. Community participation tends to be procedural, not including substantive decision-making regarding asset ownership, retribution schemes, or the distribution of economic benefits. Optimizing implementation is supported by clear regulations, structured vertical coordination, and transparent reporting. Conversely, the program's effectiveness is significantly limited by the village's inadequate fiscal capacity for strategic infrastructure, a deficit in community technical skills, post-village head election political dynamics that disrupt program continuity, and weak horizontal oversight due to a lack of financial literacy and a participatory culture. The study concluded that the implementation of Village Fund Allocation (DD) in Bahoi Village is still at the community-involved tourism stage and has not yet achieved the ideal principles of community-based tourism.
ANALYSIS OF THE PROCESS OF ISSUING A SAILING APPROVAL LETTER ON THE INAPORTNET APPLICATION AT THE OFFICE OF THE PORT MASTER AND CLASS I BITUNG PORT AUTHORITY Dacroun Larson Wongkar; Jetty E. H. Mokat; Goinpeace Tumbel
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.21213698

Abstract

This study aims to analyze and describe the Sailing Approval Letter issuance service and identify inhibiting factors in the Sailing Approval Letter issuance service at the Bitung Class I Harbormaster and Port Authority Office. This study uses a qualitative research method with a descriptive approach. Data collection was conducted through observation, interviews, and documentation. Research informants consisted of officials and officers of the Bitung Class I KSOP and users of the SPB issuance service. Data analysis was carried out through the stages of data reduction, data presentation, and conclusion drawing. The results of the study indicate that the Sailing Approval Letter issuance service at the Bitung Class I KSOP has not been running optimally because various obstacles are still encountered. The inhibiting factors found include the stability of the electronic service system that does not fully support smooth operations due to network disruptions, delays in data synchronization, and unstable server performance; the capacity of human resources to adapt to digital-based services that is still not optimal, resulting in frequent data input errors and document discrepancies; and support for information technology infrastructure and coordination between service units that have not been implemented in an integrated manner, thus affecting the effectiveness and speed of the SPB issuance service. The conclusion of this study shows that the implementation of INAPORTNET-based SPB issuance services at KSOP Class I Bitung has supported the modernization of maritime public services, but its effectiveness is still influenced by technical factors, human resources, and institutional coordination.

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