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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 316 Documents
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Effect of Core Strengthening Exercises on the Spiking Ability of District-Level Volleyball Players Aslam Hussain Reshi; Dr Aarif Majeed
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.21447451

Abstract

The purpose of this study was to examine the effect of a structured core-strengthening exercise programme on the spiking ability of district-level volleyball players. Fifteen volleyball spikers aged 15–20 years from the Srinagar district of Kashmir were selected as subjects through purposive sampling. The study employed a single-group pre-test and post-test experimental design. Core strength and endurance were assessed using the Plank Hold Test and Sit-Up Test, while spiking ability was evaluated through a customized Volleyball Spiking Accuracy Test. Following the pre-test assessment, the participants underwent a structured core-strengthening exercise programme designed to improve trunk stability, muscular endurance, and overall core function. The collected data were analysed using descriptive statistics and paired-samples t-tests at a 0.05 level of significance through JAMOVI software. The results revealed significant improvements in core strength variables. Sit-up performance increased significantly from a mean score of 27.87 to 30.67 repetitions (t = -6.089, p < .001), while plank hold duration improved from 71.53 seconds to 76.13 seconds (t = -5.901, p < .001). Spiking accuracy also increased from a mean score of 22.60 to 24.40; however, the improvement was not statistically significant (t = -1.79, p = .095). The findings indicate that core-strengthening exercises are highly effective in enhancing core muscular strength and endurance among volleyball players. Although improvements in spiking accuracy were observed, they did not reach statistical significance, suggesting that technical volleyball skills require integrating sport-specific practice with physical conditioning. The study concludes that core-strengthening exercises provide an important physical foundation for volleyball performance and should be incorporated into comprehensive training programmes aimed at improving athletic performance and reducing injury risk.
THE PERFORMANCE OF THE YOGYAKARTA CITY GENERAL ELECTION COMMISSION IN FACILITATING PERSONS WITH DISABILITIES DURING THE 2024 GENERAL ELECTION VOTING PROCESS Deren Wahyu Prasetia; Pangky Febriantanto
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.20948869

Abstract

The 2024 general election was an important moment for assessing the extent to which the Yogyakarta City General Election Commission (KPU) facilitated persons with disabilities during the voting process. Although the KPU had established inclusive policies to support the participation of voters with disabilities, several challenges remained in implementation. The main issues were limited accessibility, uneven dissemination of information, and infrastructure constraints influenced by the geographic and social conditions of Yogyakarta City. The findings show that efforts to improve accessibility for persons with disabilities have been carried out, but obstacles are still found in the transparency and accountability of information regarding voting rights and available facilities. The effectiveness and efficiency of implementation also need to be strengthened so that election services can respond more appropriately to the needs of voters with disabilities. Community participation was pursued through socialization programs and the involvement of disability communities. These findings provide recommendations for improving policies and election implementation so that future elections become more responsive, inclusive, and accessible to all citizens.
Literary Language and Cognitive Experience: How the Reading of English Literary Fiction Shapes Empathy, Theory of Mind, and Social Cognition Dr. Chander Mohan
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.21212571

Abstract

This paper explores the intersection of literary language, cognition, and social understanding, examining the empirical evidence for the hypothesis that sustained engagement with English literary fiction cultivates empathy, enhances Theory of Mind (ToM) capacities, and reshapes social cognition more broadly. Synthesising findings from cognitive poetics, developmental psychology, and experimental aesthetics, the paper argues that the particular textual features of literary fiction including deep point-of-view narration, affective free indirect discourse, moral ambiguity, and defamiliarisation create distinctive cognitive demands that exercise and refine the mental capacities underlying interpersonal understanding. The paper also addresses methodological objections to this claim, considers the role of genre and text difficulty, and discusses implications for reading pedagogy and the place of literary education in cognitive and social development.
The Evolution of English as a Global Lingua Franca: Historical Trajectories, Socio-political Forces, and Contemporary Implications Dr. Chander Mohan
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.21724550

Abstract

This paper examines the multifaceted rise of English as a global lingua franca, tracing its development from a regional Germanic dialect to the dominant medium of international communication. Drawing on historical linguistics, postcolonial theory, and contemporary sociolinguistics, the study maps three major phases of English expansion: the early modern period of colonial projection, the twentieth-century American cultural and economic diffusion, and the digital-era consolidation of English as the de facto language of global knowledge production. The paper argues that English dominance is not the inevitable outcome of intrinsic linguistic properties but rather the accumulated product of geopolitical power asymmetries, institutional entrenchment, and network effects. It further considers the tensions between global intelligibility and local linguistic identity, and outlines possible trajectories for the language in an era of artificial intelligence and multipolar global order.
Code-Switching, Hybridity, and Identity: English in Multilingual Communities and the Negotiation of Belonging Dr. Chander Mohan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21787159

Abstract

This paper investigates the phenomenon of code-switching between English and other languages in multilingual communities, examining how speakers deploy English not merely as a communicative tool but as a resource for constructing, performing, and contesting social identities. Drawing on ethnographic fieldwork, corpus-linguistic analysis, and theoretical frameworks from interactional sociolinguistics, the study explores how English interweaves with Arabic, Hinglish, Spanglish, and Singlish to produce hybrid linguistic forms that resist monolingual norms. The paper argues that code-switching involving English is a sophisticated pragmatic practice that encodes stances of modernity, cosmopolitanism, professional identity, and in-group solidarity while simultaneously functioning as a site of tension between global aspiration and local belonging. It challenges deficit framings of mixed-language speech and advocates for a translanguaging perspective that reframes multilingual English use as a creative linguistic resource rather than evidence of incomplete acquisition.
The “Excluded Area” Policy in the Naga Hills: Colonial Administration and Its Impact on Naga Society Bideno R Ezung
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.21525916

Abstract

The “Excluded Area” policy introduced by the British colonial government in India played a major role in shaping the political, social, and cultural development of the Naga Hills. Implemented under the Government of India Act 1935, the policy separated certain tribal regions from direct provincial administration. The British justified this decision by claiming that tribal societies required protection from outside influence and exploitation. However, the policy also helped the colonial government maintain strategic control over frontier regions while limiting political participation by local communities. In the Naga Hills, the Excluded Area system preserved many traditional customs and institutions but also isolated the region from mainstream political developments in British India. This article examines the origins, objectives, implementation, and long-term impact of the Excluded Area policy in the Naga Hills and explains how it contributed to the rise of Naga political consciousness and identity.
ANALYSIS OF JUDGES' RATIO DECIDENDI IN ONLINE GAMBLING CRIMINAL DECISIONS USING CRIMINAL CODE PROVISIONS Maria Christina; Prija Djatmika; Abdul Madjid
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736953

Abstract

Advances in information technology have driven the transformation of conventional gambling into gambling conducted through electronic systems. This situation has raised legal issues regarding the application of criminal law to online gamblers, particularly concerning the use of the Criminal Code (KUHP) or the Electronic Information and Transactions Law (UU ITE). The purpose of this study is to analyze the judges' ratio decision in criminal judgments involving online gambling that apply provisions of the Criminal Code (KUHP). The research method used is legal research with a statutory regulatory approach and a case approach. Based on the research conducted, it is evident that there are differences in the judges' reasoning regarding the classification of online gambling. In verdict number. 32/Pid.Sus/2025/PN Lmj, the Panel of Judges applied Article 27(2) in conjunction with Article 45(3) of the ITE Law, primarily on the grounds that the use of electronic systems and access to gambling websites fulfilled the element of making electronic information containing gambling content accessible, thereby rendering the ITE Law applicable as lex specialis. Conversely, in verdict number 41/Pid.B/2025/PN Pdp, the Panel of Judges applied Article 303 bis of the Criminal Code because the defendant acted solely as an online gambler and was not proven to have distributed, transmitted, or made electronic information containing gambling content accessible to others. This discrepancy highlights differing interpretations of the elements within the ITE Law, which impact legal applications. Therefore, consistency in legal interpretation and application
LEGAL PLURALISM AND THE RECOGNITION OF INDIGENOUS LAND RIGHTS: A COMPARATIVE STUDY OF INDONESIA, THE PHILIPPINES, AND CANADA Achmad Jaelani; Reza Kautsar Kusumahpraja; Dede Agus; Jarkasi Anwar; Aristama Mega Jaya
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21162464

Abstract

The regulation of customary land rights (hak ulayat) in Indonesia’s agrarian legal system reflects a structural tension between formal recognition and practical implementation. Although the 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law (UUPA) recognize indigenous peoples’ rights, such recognition remains conditional and administratively dependent, resulting in a subordinated legal position of indigenous communities. This study comparatively examines customary land governance in Indonesia, the Philippines, and Canada to identify divergent models of indigenous land recognition and to formulate an ideal regulatory framework for Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. It analyzes Indonesia’s agrarian framework, the Indigenous Peoples’ Rights Act (IPRA) of the Philippines, and the doctrine of Aboriginal title within Canadian jurisprudence. Findings indicate that Indonesia applies a conditional administrative recognition model, the Philippines adopts a statutory affirmative model through Certificates of Ancestral Domain Title (CADT) and Free, Prior, and Informed Consent (FPIC), while Canada develops a constitutional-judicial model grounded in historical occupation, reinforced by fiduciary duty and meaningful consultation. These differences reflect varying degrees of legal certainty and institutional protection of indigenous land rights. The study concludes that Indonesia requires reconstruction toward a constitutional-pluralist model grounded in dignified justice, operationalized through declaratory recognition, binding territorial demarcation, substantive consent requirements, independent dispute resolution mechanisms, and a strict public interest test for state intervention.
ANALYSIS ON THE IMPLEMENTATION OF POLICY FOR THE NON-JUDICIAL SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS IN INDONESIA Muhammad Iqbal; Ima Mayasari
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736487

Abstract

This study analyzes the implementation of the non-judicial resolution policy for past gross human rights violations utilizing Merilee S. Grindle's (1980) Policy Implementation Theory, examining two primary dimensions: the content of policy and the context of implementation. The findings reveal that the policy's implementation continues to encounter significant obstacles. These challenges are primarily driven by a lack of legal legitimacy, as the policy is merely grounded in Presidential Decree Number 17 of 2022 concerning the Establishment of the Team for the Non-Judicial Resolution of Past Gross Human Rights Violations. Furthermore, there is a distinct disharmony between this legal basis and existing statutory regulations governing the resolution of past gross human rights violations. The implementation is also hindered by the minimal involvement of victims and their families in both the formulation and execution of the policy, as well as a perceptible lack of political will from the current administration to sustain its implementation. Consequently, several key recommendations are proposed: the state must redraft a robust legal framework to resolve gross human rights violations through non-judicial mechanisms via a Truth and Reconciliation Commission (TRC); the state should issue a formal apology to the victims and their families; and the government must establish clear delineations of authority among state institutions tasked with human rights functions. These measures are imperative to achieve national reconciliation in alignment with the paradigm of Transitional Justice, which inherently encompasses truth-seeking, the prosecution of perpetrators, the restoration of victims' rights, and guarantees of non-recurrence.
RECONSTRUCTING THE CONCEPT OF SUMMARY PROOF WITHIN THE LEGAL FRAMEWORK OF SMALL CLAIMS PROCEDURES Kresna Ramadhan Wijaya; Rachmi Sulistyarini; M. Natsir Asnawi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21853201

Abstract

This research analyzes the legal reasoning (ratio legis) behind the qualification of "simple" in the current Small Claims Court regulation and formulates a reconstruction of that meaning. Currently, Supreme Court Regulation (PERMA) No. 4 of 2019 defines "simple" based on quantitative-administrative limits, such as a maximum claim value of IDR 500 million and domicile constraints. This normative legal research uses statute, conceptual, and philosophical approaches. The results indicate that the current paradigm is pragmatic-economic, aimed at judicial efficiency and Ease of Doing Business (EoDB) rankings, but often neglects substantive justice. This study proposes a reconstruction by shifting the paradigm from Quantitative Simplicity to Evidentiary Simplicity. Under this new framework, a case is categorized as "simple" based on its evidentiary characteristics (clear-cut case/liquid debt) rather than its nominal value, ensuring broader access to justice for cases with high economic value but low evidentiary complexity.

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