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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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LAW ENFORCEMENT AGAINST SELLERS OF NON-CUSTOM GOODS (THRIFT CLOTHES) IN PALANGKA RAYA CITY Yosa Nikolas Notoe Saleh; Putri Fransiska Purnama P; Satriya Nugraha; Andika Wijaya
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.21713380

Abstract

This study aims to identify and analyze law enforcement against sellers of non-excise goods in the form of illegal imported thrift clothing in Palangka Raya City, as well as the obstacles faced by the Customs and Excise Office and the Department of Trade and Industry in its implementation. This research is motivated by the widespread circulation of imported thrift clothing that does not go through official customs procedures, thereby violating applicable legal provisions, particularly Law Number 17 of 2006 concerning Customs and Ministry of Trade Regulation Number 40 of 2022 concerning the prohibition of imported used clothing. The research method used is empirical juridical legal research supported by a normative juridical approach. Data were collected through interviews, field observations, and literature studies related to laws and regulations, journals, and other legal references. The research locations included thrift shops in Kilometer 7, Palangka Raya City, as well as related institutions such as the Customs and Excise Office and the Department of Trade and Industry of Palangka Raya City. The results of the study indicate that law enforcement against sellers of illegal imported thrift clothing in Palangka Raya City has not been implemented optimally. This is caused by a lack of supervision, limited personnel and supporting facilities, low public legal awareness, and the high public interest in imported thrift clothing due to its relatively affordable prices and perceived quality. In addition, coordination among related institutions in supervision and enforcement still needs improvement in order to achieve more effective law enforcement. Based on these findings, it is necessary to strengthen supervision over the circulation of illegal imported goods, improve inter-agency coordination, and conduct public socialization regarding legal regulations and the risks of using illegal imported goods in order to create legal certainty and public protection.
RESTORATIVE JUSTICE AGAINST MEDICAL CRIMES BASED ON ARTIFICIAL INTELLIGENCE IN REALIZED LEGAL PROTECTION FOR PATIENTS AND MEDICAL PERSONNEL Beni Satria
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21767653

Abstract

The development of Artificial Intelligence (AI) technology in healthcare brings two legal consequences: increased efficiency and accuracy of diagnosis, on the one hand, and the potential for AI-based medical crimes, such as misdiagnosis, negligence in operating systems, and misuse of patient health data. The lack of regulations specifically addressing legal liability for errors involving AI creates legal uncertainty, both for patients as victims and for medical personnel who may be criminalized for system errors beyond their control. This study aims to examine the characteristics of AI-based medical crimes and analyze the relevance of a restorative justice approach as a resolution mechanism that can achieve balanced legal protection for patients and medical personnel. This study uses a normative juridical method with a statutory approach and a conceptual approach. The research findings indicate that restorative justice, as mandated by Article 306 and Article 310 of Law Number 17 of 2023 concerning Health, can be applied to AI-based medical crimes involving minor negligence (culpa levis), but is inappropriate for cases involving intentional negligence (dolus) or gross negligence (culpa lata). The application of restorative justice requires strengthening of technical regulations regarding audit standards, certification, and the division of responsibilities between medical personnel, healthcare facilities, and AI system developers to ensure that the goals of legal certainty, justice, and benefit can be achieved proportionally.
ANALYSIS OF THE EFFECTIVENESS OF THE PERSONNEL INFORMATION SYSTEM IN SUPPORTING HUMAN RESOURCES DATA MANAGEMENT ADMINISTRATION AT MANADO STATE UNIVERSITY Stenli Ferlan Rattu; Margareth Inof Riisyie Rantung; Jeane Mantiri
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study aims to analyze the effectiveness of the Personnel Information System in supporting human resources (HR) data management administration at Manado State University (UNIMA). This research employs a qualitative approach using a case study design. Data were collected through three main methods: in-depth interviews, participant observation, and document review. The findings reveal that the effectiveness of the personnel information system at UNIMA remains very low. This is primarily due to the absence of a comprehensively integrated system, resulting in HR data management heavily relying on manual methods and simple software like Microsoft Excel. Although the university has made digital transformation efforts, such as developing the Key Performance Indicators (MPI) management information system and collaborating with Ganesha University of Education (Undiksha) for system adoption, these initiatives remain partial and have not encompassed the entire personnel management cycle. Consequently, the system's ineffectiveness causes systemic impacts, including administrative delays in employee promotions and reporting, errors in staff planning, and potential threats to study program accreditation. Furthermore, it causes the institution to fail in implementing the principles of Good University Governance (GUG) and the legally mandated merit system. Therefore, improving the personnel system at UNIMA requires strategic steps, including issuing formal policies, continuously enhancing HR capacity and infrastructure, and developing an integrated system specifically tailored to the university's needs.
JUSTICE AND ORDER IN REGULATIONS ON HANDLING THE DISTRIBUTION OF FAKE PAINTINGS JUSTICE AND ORDER IN THE REGULATION OF MANAGING THE DISTRIBUTION OF COUNTERFEIT PAINTINGS Rachma Veda Zainsyah; Catharina Dewi Wulansari
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Painting is one of the works of art that is protected by law, but the spread of fake paintings is still rampant. The purpose of law is the existence of justice and the creation of order. Justice and order can be realized if the law proceeds. The sustainability of the law can occur if it is in accordance with the values that exist in society. Therefore, it is necessary to know how the regulation regarding the spread of fake paintings works in society, so the purpose of the law can be realized. The relevant regulations in this regard are more focused on the crime of fraud as regulated in the Criminal Code and Copyright Law. This is because this study will discuss the public issue of the spread of fake paintings. This study is intended to explain how the purpose of law, justice and order, can be realized in terms of handling the fake painting by looking at the situation in the community concerned. Based on the problems raised, the research method that will be used in this study is a normative research method.
THE EFFECTIVENESS OF THE "SI GEMPI AR 3D" EDUCATIONAL COMIC PROGRAM ON THE LEVEL OF UNDERSTANDING AMONG SMA NEGERI 1 KUTA MAKMUR STUDENTS REGARDING ACEH QANUN NUMBER 6 OF 2014 CONCERNING JINAYAT LAW Desy Fatmasari; Cut Sukmawati; Lisa Iryani; Ferizaldi; Murniati
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study analyzes the effectiveness of the Si Gempi AR 3D Educational Comic in improving students' understanding of Aceh Qanun Number 6 of 2014 concerning Jinayat Law at SMA Negeri 1 Kuta Makmur. The program aims to increase legal awareness and help reduce juvenile delinquency. The research is based on Campbell J.P.'s (1990) Program Effectiveness Theory, which includes target success, program success, user satisfaction, input and output levels, and goal achievement. Students' understanding is measured using Kenneth D. Moore's (2007) Conceptual Understanding Theory. This study employs a quantitative survey method with descriptive and causal-comparative approaches. Data were collected through questionnaires distributed to 100 students selected from a population of 355 using probability sampling with a simple random sampling technique. The data were analyzed using descriptive statistics, instrument testing, classical assumption tests, and simple linear regression with SPSS. The findings show that the Si Gempi AR 3D Educational Comic has a positive and significant effect on students' understanding of Jinayat Law. The significance value is <0.001, the calculated t-value (38.358) exceeds the t-table value (1.984), and the coefficient of determination (R²) is 0.937. These results indicate that the comic effectively improves students' understanding and supports its implementation as an educational medium.
LEGAL REVIEW ON THE POSITION AND FUNCTIONS OF REGIONAL SECRETARY IN REGIONAL GOVERNMENT IMPLEMENTATION (STUDY AT PUNCAK DISTRICT) Arman Koedoeboen; Izac Zet Matulessy
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This research analyzes the position and functions of the Regional Secretary (Sekda) in the regional government administration system based on statutory provisions and examines its implementation in Puncak District. Using normative legal research methods with statutory and conceptual approaches, this study analyzes Law No. 23 of 2014 on Regional Government, Government Regulation no. 18 of 2016 on Regional Apparatus, and current state administrative law literature. The findings show that the Regional Secretary has a strategic legal position as a staff element of regional government responsible for assisting the Regional Head in policy formulation and coordinating government implementation. Functionally, the Regional Secretary acts as an administrative law bridge between political policy and regional bureaucratic implementation. In practice in Puncak District, the Regional Secretary's function faces challenges including limited human resources, difficult geographic conditions, and local political dynamics. Nevertheless, the Regional Secretary has made optimization efforts through strengthening administrative systems, civil servant development, and implementing good governance principles. In conclusion, the Regional Secretary's function reflects the application of rule of law principles and serves as an important instrument in realizing effective, transparent, and accountable regional government governance. This study recommends strengthening administrative law capacity for regional officials and improving ASN professionalism to optimize Sekda's functions
METAVERSE DISRUPTION IN PUBLIC SERVICES: OPPORTUNITIES AND CHALLENGES IN BUILDING VIRTUAL GOVERNMENT IN WEST TULANG BAWANG DISTRICT Fitri Wahyuni
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study examines the disruption of the metaverse in public services, with a focus on the opportunities and challenges of building a virtual government in Tulang Bawang Barat Regency. The metaverse has emerged as a potential frontier in digital government transformation, offering immersive and interactive platforms for service delivery. However, its adoption in local government contexts, particularly in regions with medium digital maturity, remains underexplored. Using a qualitative approach with descriptive analysis, this study integrates secondary data from SPBE index assessments, demographic statistics, and policy documents, alongside a literature review on metaverse governance. Findings indicate that Tulang Bawang Barat has laid initial foundations for digital government through SPBE implementation. Nevertheless, three major gaps constrain metaverse adoption: digital infrastructure deficits, human resource capability gaps, and the absence of regulatory frameworks for virtual governance. The study concludes that building a virtual government requires a phased approach prioritizing foundational digital transformation before metaverse integration. Strategic recommendations include strengthening digital infrastructure, developing public sector digital competencies, and establishing ethical guidelines for virtual service delivery.
NOTARIAL LIABILITY FOR AUTHENTIC DEEDS DEGRADED INTO PRIVATE DEEDS AS A CONSEQUENCE OF FORMAL DEFECTS Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

A notarial deed derives its status as an authentic instrument not from the office of the notary alone, but from strict compliance with the form prescribed by law. Where formal requirements under Law No. 2 of 2014 amending Law No. 30 of 2004 concerning the Position of Notary (UUJN) are breached, the instrument does not become void; it is degraded, retaining only the evidentiary force of a private deed. This study examines two problems: first, which formal breaches trigger degradation and what the precise legal consequence of that degradation is; second, the form, basis, and limits of notarial liability toward parties who suffer loss as a result. Using a normative juridical method with statutory, conceptual, and case approaches - including Supreme Court Decisions No. 351 PK/Pdt/2018 and No. 1266 K/Pdt/2022 - this article argues that degradation is a statutory evidentiary sanction rather than a nullity, and that liability does not follow automatically from it. Degradation establishes only the objective element of unlawfulness; the notary is civilly liable under Article 84 UUJN in conjunction with Article 1365 of the Indonesian Civil Code only where fault, actual loss, and adequate causation are additionally proven. The article further shows that Indonesian doctrine and practice frequently conflate degradation with liability, producing disproportionate outcomes, and proposes a three-tier framework distinguishing technical-formal breaches, substantive-formal breaches, and breaches induced by the parties themselves, coupled with mandatory professional indemnity coverage and a clearer evidentiary allocation before the Notary Supervisory Council.
LEGAL PROBLEMS IN THE DRAWING UP OF SALE AND PURCHASE DEEDS OVER LAND STILL HELD AS UNDIVIDED INHERITANCE Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

A substantial proportion of certified land in Indonesia remains registered in the name of a deceased rights holder. When the heirs decide to sell before the estate has been partitioned, the Land Deed Official (Pejabat Pembuat Akta Tanah, PPAT) is confronted with a transaction that is economically ordinary but legally precarious. This article examines the legal position of a sale and purchase deed (Akta Jual Beli, AJB) executed over land that is still held as undivided inheritance, and the specific problems that arise in PPAT practice. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds, first, that before partition the heirs hold an undivided collective right, so that an individual heir may in principle dispose of his own abstract share but never of the parcel itself; a deed purporting to transfer the whole object without the participation of all heirs breaches the nemo plus iuris principle and Article 1471 of the Civil Code, and fails the material requirement of the seller's authority to act. Second, it finds that the procedural route prescribed by Article 42 of Government Regulation No. 24 of 1997 and Article 111 of Ministerial Regulation No. 3 of 1997 as amended by Regulation No. 16 of 2021 registration of the inheritance transfer prior to any sale is frequently circumvented, principally to avoid the double tax burden of successive transfers. Third, it identifies eight recurring problem clusters in practice, ranging from concealed heirs and minor heirs to the failure to separate marital property from the estate. The article argues that the PPAT's duty is preventive rather than merely formal, and proposes a verification protocol, harmonisation of the inconsistent paragraphs of Article 111, integration of civil registration data with the land registration system, and fiscal incentives to eliminate dormant estates.
PUBLIC SERVICE QUALITY AS AN INFORMAL INSTRUMENT OF POLITICAL EDUCATION: IMPLICATIONS FOR PUBLIC INSTITUTIONAL TRUST Enjang Kusnadi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Abstract Political education in Indonesia is often reduced to electoral participation, ignoring the crucial role of citizens' daily interactions with the bureaucracy. This study aims to analyze how the quality of administrative services transforms into an informal political education tool that affects the level of institutional trust at the local level. Employing a descriptive qualitative approach through a case study in Cimaja Village, Sukabumi Regency, data were collected using a rapid assessment technique consisting of observations and in-depth interviews with residents and village apparatus. The results show that responsive, equal, and transparent public services by street-level bureaucracy empirically function as a democratic "classroom". Fair administrative interactions can reduce administrative burdens, build awareness of citizenship rights, and reduce political cynicism among the public. Furthermore, the quality of basic services is proven to reduce this cynicism and build autonomous institutional trust that encourages citizens' active participation in village development. This study concludes that public administration and political science cannot be rigidly separated at the level of local governance, where public service performance is an effective political education instrument. As a practical implication, it is recommended that local democracy evaluations integrate basic public service satisfaction.

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