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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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INTEGRATION OF REFUGEE PROTECTION PRINCIPLES IN THE ENFORCEMENT OF CRIMINAL LAW ON HUMAN SMUGGLING IN INDONESIA: A STUDY OF THE ROHINGYA ETHNIC SMUGGLING CASE Mita Syahfitri Panjaitan; Rika Kurniaty; Faizin Sulistiofaizinl@ub.ac.id
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.21731615

Abstract

The increasing influx of Rohingya refugees into Indonesia has created complex legal issues as it involves human smuggling crimes, immigration law, as well as refugee protection and human rights. Rohingya refugees, who are stateless persons and have been subjected to prolonged persecution in Myanmar, are often targeted by transnational organized crime networks that facilitate their illegal cross-border movement. This situation raises questions regarding the extent to which Indonesian criminal law is capable of addressing human smuggling crimes involving Rohingya refugees, integrating international refugee protection principles, and providing adequate protection for refugees as victims.This study is a normative legal research employing conceptual, statutory, and philosophical approaches. The legal materials consist of primary, secondary, and tertiary sources obtained through library research and internet-based documentation, which are then analyzed using deductive, inductive, systematic, interpretative, and comparative methods, as well as case-based analysis of legislation and court decisions related to the smuggling of Rohingya refugees.The findings show that Indonesian criminal law has established a relatively comprehensive normative framework through the Immigration Law, the Indonesian Penal Code, and the ratification of the United Nations Convention Against Transnational Organized Crime (UNTOC) and its Protocol against the Smuggling of Migrants. In addition, the principles of non-penalization, non-refoulement, and humanitarian protection have been substantively integrated into law enforcement practices, although Indonesia has not yet ratified the 1951 Refugee Convention and its 1967 Protocol.This research proposes a victim-oriented criminal law model through the integration of international refugee protection principles, recognition of restitution as a right of refugee victims, and the provision of safe, decent, and humane shelter, in order to achieve legal certainty, substantive justice, and the protection of human dignity.
DYNAMICS OF FORESTRY REGULATIONS IN THE ERA OF DECENTRALIZATION: CHALLENGES OF HARMONIZATION BETWEEN CENTRAL AND REGIONAL GOVERNMENTS Moh. Arief Erawan; Mohamad Rasyid Ridho; Muslim A. Kasim; Sarfan Tabo
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.21350183

Abstract

orestry policy-making and implementation in Indonesia. Forestry regulations, which are intended to provide a strong legal foundation for sustainable forest governance, instead reveal a growing disconnect between centrally issued norms and their implementation at the local level. Overlapping authorities, regulatory disharmony, and unclear institutional roles between different levels of government have created persistent legal and administrative challenges, undermining effective forest management and environmental protection. This article examines these dynamics and highlights the need for harmonization between central and regional regulations. Using a normative juridical approach, the study analyzes constitutional provisions, statutory regulations, and legal doctrines governing the distribution of authority in the forestry sector. The findings affirm the urgency of restructuring legal authority and aligning sectoral norms with the principles of decentralization, legal certainty, good governance, and environmental sustainability. Strengthening regulatory coherence and clarifying institutional responsibilities are essential to improving the effectiveness of forestry governance and ensuring sustainable forest management in Indonesia.
A JURIDICAL ANALYSIS OF JUDGES' LEGAL CONSIDERATIONS IN DECISION NUMBER 1/PID.B/2026/PN SKT FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW PRINCIPLES Awwab Yusroni; Hanuring Ayu Ardhani Putri; Yulian Dwi Nurwanti
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.21853545

Abstract

Judges' legal considerations constitute a fundamental part of criminal decisions because they provide the juridical basis connecting facts established at trial with the operative part of the judgment. The quality of such legal considerations is essential for achieving legal certainty, justice, and utility in the criminal justice process. This study aims to analyze the legal considerations of the panel of judges in Decision Number 1/Pid.B/2026/PN Skt and to examine their conformity with the principles of Indonesian criminal procedural law. This research applies a normative legal method using statutory, case, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources obtained through library research and analyzed qualitatively through deductive reasoning. The findings show that the judges' considerations were constructed on the basis of legal facts revealed at trial, valid evidence, and the fulfillment or non-fulfillment of the elements of the charged offence. The panel considered both juridical and non-juridical aspects in reaching its verdict and, in general, applied the principles of evidentiary assessment, presumption of innocence, in dubio pro reo, due process of law, and fair trial. Nevertheless, the formulation of legal arguments in criminal judgments should continue to be strengthened, particularly in explaining the relationship between legal facts, evidence, causality, mens rea, and the application of criminal procedural norms. This research is expected to contribute to the development of criminal procedural law and to serve as evaluation material for judges in formulating legal reasoning in criminal decisions.
CORRUPTION AS AN EXTRAORDINARY CRIME: EVALUATING THE RULE OF LAW, DEMOCRACY AND HUMAN RIGHTS Muhyi Mohas; Litya Surisdani Anggraeniko; Reine Rofiana; Arie Kartika; Muh Farhan Arfandy
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.21736655

Abstract

Corruption categorized as an extraordinary crime continues to show a significant upward trend in Indonesia. As a product of the 1998 reform movement, efforts to realize a clean government were institutionalized through Law Number 28 of 1999. However, empirical realities show a structural anomaly where democratic instruments are hijacked by old power structures acting as free riders to perpetuate authoritarian tendencies. This systemic failure degrades the rule of law and forces a critical re-examination of how political transitions accommodate oligarchic resilience. Consequently, this study addresses how corruption undergoes structural metamorphosis, how state capture interacts with democratic procedures, and to what extent it deprives citizens of constitutional protections. Research Method, using a combined legal research method (normative-empirical jurisprudence) with a qualitative-descriptive approach, this study dissects State Capture Corruption through Olle Törnquist’s "shadowy democracy" thesis and Nils Bubandt's oxymoronic democracy corruption framework. Research Outcome: The results confirm that local oligarchies distort political transitions through the capitalization of authority and Sophistic truth manipulation. This paradox turns democracy into an incubator for systemic corruption, where public funds are diverted, leaving the public as a collective victim. The novelty lies in integrating Samuel Huntington’s transition models to reveal a "transformation from above" using fresh data. Theoretically, it enriches progressive criminal jurisprudence, while practically providing strategic policy recommendations for anti corruption authorities to shield public budgets from oligarchic interventions.
STRENGTHENING STUDENTS' LEARNING MOTIVATION AT MADRASAH IBTIDAIYAH THROUGH THE INTEGRATION OF TRADITIONAL GAMES AND DIGITAL LEARNING MEDIA IN THEMATIC LEARNING Nimas Naila Maratus Sholehah; Muhammad Kholil
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.21853412

Abstract

Learning motivation is a fundamental factor that influences student engagement in the learning process, especially at the Madrasah Ibtidaiyah level . In practice, thematic learning in the classroom still often shows a low level of student participation due to the use of monotonous methods and lack of providing meaningful learning experiences. This study aims to analyze how the integration of traditional games and digital learning media can strengthen student learning motivation in thematic learning in Madrasah Ibtidaiyah , with the research context at MI Darullughah Wal Karomah (MI DWK), Indonesia. This study uses a descriptive qualitative approach with data collection techniques through observation, interviews, and documentation. Observations were conducted to observe learning activities and student engagement in the classroom, while interviews were conducted with teachers and students to gain an in-depth understanding of the learning experience. Data analysis was carried out through the stages of data reduction, data presentation, and interpretation of research findings. The results of the study indicate that the integration of traditional games and digital learning media in MI DWK is able to create a more interactive and participatory learning atmosphere . Students showed increased engagement through discussion activities, group work, and participation in games integrated in thematic learning. Digital media also strengthens students' conceptual understanding through more visual and engaging presentation of material, thus contributing to increased learning motivation.
RECONSTRUCTION OF ARTICLE 34 OF THE LAW ON GENERAL PROVISIONS AND TAX PROCEDURES (KUP LAW) ON THE GOVERNANCE OF THE ACCOUNTABILITY OF THE DIRECTORATE GENERAL OF TAXES FOR THE MISUSE OF DIGITAL IDENTITY IN THE E-FAKTUR SYSTEM Natalia Ratih Jatmikani; Ariy Khaerudin; Femmy Silaswaty
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.21731778

Abstract

Digital-based tax services require the Directorate General of Taxes to maximize the protection of personal data in the form of digital taxpayer identities, such as the Population Identification Number (KIP), which is currently used as the Taxpayer Identification Number. The purpose of this research is to analyze the reconstruction of Article 34 of the General Provisions of Taxation Law concerning the governance of the Directorate General of Taxes' accountability for the misuse of digital identities in the system.and-Invoices. The study was conducted using a normative method with a statutory and conceptual approach. The data used was secondary data collected through literature review and analyzed qualitatively and descriptively. The results indicate that there are no laws and regulations specifically governing the Directorate General of Taxes' accountability in the event of misuse of digital identities within the system.and-Invoices because so far the form of prohibition regulated is limited to the dissemination of personal data by officials without affecting electronic systems. Therefore, it is necessary to reconstruct Article 34 of the General Provisions of Taxation Law by adopting the provisions in Article 47 of the Personal Data Protection Law, which places the Directorate General of Taxes as the controller of personal data in both conventional and digital forms, thereby providing certainty and legal protection for taxpayers. Forms of accountability that can be added include administrative sanctions and criminal sanctions for any form of possible data leaks that are not caused by the error or negligence of tax officials.
REGULATORY SYNCHRONIZATION BETWEEN INDONESIA'S PERSONAL DATA PROTECTION LAW AND THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW IN THE CORETAX SYSTEM Winatrisia; Hanuring Ayu Ardhanu Putri; Ida Aryati Dyah Purnomo Wulan
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.21853135

Abstract

The rapid development of information technology has encouraged the digital transformation of public administration, including the taxation sector in Indonesia. As part of tax administration reform, the Directorate General of Taxes has implemented the Coretax Administration System (Coretax), an integrated digital platform designed to enhance efficiency, transparency, and accountability in tax administration. The system processes and manages large volumes of taxpayers’ personal data, including identity information, financial records, business transactions, and tax compliance history. Consequently, ensuring the legal protection of personal data has become a critical issue. This study aims to analyze the regulatory synchronization between Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and the Electronic Information and Transactions Law (ITE Law) in the implementation of the Coretax system. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that although the PDP Law functions as a lex specialis governing personal data protection and the ITE Law serves as a lex generalis regulating electronic systems, potential regulatory disharmony remains regarding the scope of regulation, data protection mechanisms, and law enforcement procedures. Such inconsistencies may create legal uncertainty and weaken the effectiveness of taxpayers’ personal data protection within the Coretax system. Therefore, comprehensive regulatory harmonization is necessary through the alignment of legal norms, strengthening supervisory institutions, and implementing integrated data security standards. These measures are essential to ensure legal certainty and effective protection of taxpayers' personal data rights in Indonesia’s digital taxation ecosystem.
A JURIDICAL REVIEW OF THE ESTABLISHMENT OF SIGNIFICANT ECONOMIC PRESENCE AS A SUBSTITUTE FOR THE TRADITIONAL PERMANENT ESTABLISHMENT (PE) IN THE COLLECTION OF INCOME TAX FROM FOREIGN DIGITAL COMPANIES Soeprijono; Ismiyanto; Hafid Zakariya
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.21731409

Abstract

The acceleration of the digital economy has catalyzed cross-border business models that allow foreign digital enterprises to generate massive profits from domestic markets without any physical presence (scale without mass). This condition leads to the erosion of the tax base for market jurisdictions like Indonesia. This article normatively analyzes the transformation of tax law doctrines from the traditional Permanent Establishment (PE) concept based on physical nexus to the criteria of Significant Economic Presence (SEP). This research employs a normative legal research method with a statutory approach and a conceptual approach. The results indicate that the enactment of SEP in the Law on Harmonization of Tax Regulations (UU HPP) is a legitimate manifestation of fiscal sovereignty to reflect the modern economic value creation theory. However, its unilateral enforcement conflicts with international law, specifically Articles 26 and 27 of the 1969 Vienna Convention on the Law of Treaties (VCLT), as long as bilateral Tax Treaties have not been modified. As a pragmatic measure, Indonesia has deferred the execution of SEP-based Income Tax and shifted towards optimizing Digital VAT (PPN PMSE) to avoid global economic retaliation, such as Section 301 of the US Trade Act.
SUPERVISION OF THE USE OF FOREIGN WORKERS (TKA) IN THE FRAMEWORK OF REALIZING TECHNOLOGY TRANSFER AND SKILL TRANSFER FOR INDONESIAN WORKERS (TKI) Lalu Husni; Ani Suryani Hamzah; RR. Cahyowati; Khairul Umam
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.21853713

Abstract

The objective of this research is to identify and understand: (1) The regulation of monitoring the use of foreign workers (TKA) to facilitate the transfer of technology and expertise to Indonesian workers (TKI) acting as counterparts; (2) The monitoring of foreign workers' use based on current legislation to achieve the realization of technology and expertise transfer to Indonesian workers/counterparts; (3) The integrated monitoring norms that can facilitate the implementation of technology and expertise transfer to counterpart workers/TKIs. This research is normative legal research. The approaches used are (1) the statutory approach and (2) the conceptual approach. The types and sources of legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that: (1) The monitoring of foreign workers' use for the purpose of technology and/or expertise transfer to accompany Indonesian workers has not been comprehensively regulated in accordance with the applicable legal hierarchy, and the norms for the implementation of education and/or training for accompanying Indonesian workers to facilitate technology and expertise transfer have not yet been included in the category of repressive judicial actions. (2) The current monitoring of the use of foreign workers has not yet achieved the realization of technology and expertise transfer to accompany Indonesian workers, as the existing regulations place the responsibility for technology and/or skills transfer entirely on the employing companies, without provisions for collaboration between employers and educational and training institutions. (3) The integrated monitoring norms that can realize the implementation of technology and/or expertise transfer to Indonesian workers acting as counterparts should involve not only Immigration and the Competency Certification Institute but also the Ministry of Education, Culture, Research, and Technology as the regulator to ensure that technology or expertise transfer has occurred according to the minimum competency standards for the positions occupied by foreign workers
Ecocritical Perspectives on Climate Anxiety and Environmental Justice in Contemporary English Fiction Dr. Banpreet Kour
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

Abstract

This paper investigates how contemporary English-language fiction represents the psychological experience of climate anxiety and the political demands of environmental justice, and how these two concerns, though frequently discussed together, pull literary form in somewhat different directions. Drawing on the ecocritical tradition established by critics such as Lawrence Buell and expanded by Rob Nixon's account of slow violence, the paper argues that climate fiction faces a distinctive representational problem: the causes and consequences of environmental catastrophe are typically dispersed across decades, continents, and social classes in ways that resist the tight, character-centered causality on which the realist novel has traditionally relied. The paper examines the narrative strategies contemporary novelists have developed to address this problem, from multigenerational and multi-species narration to speculative and near-future settings, and considers how environmental justice fiction in particular insists on connecting ecological harm to preexisting patterns of racial and economic inequality. The paper concludes that the most successful climate fiction does not simply add environmental content to existing novelistic form, but reworks the novel's traditional assumptions about scale, agency, and time.

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