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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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CRIMINAL LAW ENFORCEMENT AGAINST THEFT CRIMES IN NORTH TAPANULI REGENCY: A LEGAL AND CRIMINOLOGICAL ANALYSIS Rini T Simangunsong; Motlan Gultom
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

Criminal law enforcement against theft is a crucial issue in maintaining order and protecting public property rights, including in North Tapanuli Regency. This study analyzes law enforcement from a juridical and criminological perspective. The discussion reveals that legal regulations are adequate, but their implementation still faces structural, social, and economic obstacles. Optimizing law enforcement requires institutional strengthening, regulatory reform, and preventive and restorative approaches. These efforts are expected to increase the effectiveness of law enforcement and create certainty and a sense of justice for the community.
CRIMINAL LIABILITY FOR MISUSE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY (ARTIFICIAL INTELLIGENCE/AI) IN THE PERSPECTIVE OF THE NATIONAL CRIMINAL CODE Agus Siagian; Erniyanti; Irpan Husein; Markus Gunawan
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

The development of Artificial Intelligence (AI) technology has provided significant benefits across various sectors; however, it has also led to various forms of misuse, including deepfakes, digital fraud, data manipulation, and cybercrime. The regulation of criminal liability for AI misuse in Indonesia is currently based on the Indonesian Criminal Code (KUHP), Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as other relevant laws and regulations. Its implementation still faces several challenges, including the absence of specific legal provisions, difficulties in digital evidence, and the determination of the responsible legal subject. Therefore, strengthening legal regulations and developing adaptive criminal law policies are essential. This study aims to analyze the legal framework, implementation, challenges, and solutions concerning criminal liability for the misuse of Artificial Intelligence from the perspective of the Indonesian Criminal Code. This study employs the theories of Criminal Liability, Legal Certainty, and Law Enforcement as the analytical framework. The conceptual framework encompasses criminal liability, the misuse of Artificial Intelligence, and the Indonesian Criminal Code. This research applies a normative legal research method using statutory, conceptual, and case approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The findings indicate that the current legal framework governing criminal liability for AI misuse has not yet provided adequate legal certainty, resulting in challenges related to evidence and the determination of responsible parties. The novelty of this research lies in the development of a criminal liability concept that integrates the principles of fault, accountability of AI developers, providers, and users as part of the reform of Indonesia’s national criminal law. This study concludes that the regulation of criminal liability for the misuse of Artificial Intelligence should be strengthened to accommodate technological advancements while ensuring legal certainty. It recommends the enactment of specific AI regulations, harmonization with the Indonesian Criminal Code, and the enhancement of law enforcement capacity in addressing AI-related crimes.
REVITALIZATION OF LOCAL WISDOM 'MAPALUS' IN PUBLIC SERVICE GOVERNANCE AND HANDLING SOCIAL PROBLEMS IN LANGOWAN TIMUR DISTRICT, MINAHASA REGENCY Steven V. Tarore; Jeane Mantiri; Margareth I. R. Rantung
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

Public service governance at the sub-district and village levels in Indonesia often faces obstacles in the form of a rigid, top-down bureaucratic approach and minimal community participation. In Minahasa Regency, the local wisdom of Mapalus has historically proven effective in managing agrarian resources, but its use in public administration governance and handling modern social problems is still very limited. This study aims to formulate a Mapalus revitalization model in public service governance and handling social problems in East Langowan District. Using descriptive qualitative methods with secondary data analysis and literature review, this study found that Mapalus must transform from mere physical mutual cooperation to Collaborative Governance. The revitalization models offered include: (1) Administrative Mapalus to accelerate population services, (2) Social Mapalus to address stunting and poverty, and (3) Environmental Mapalus to mitigate natural disasters. The main challenges include the degradation of Mapalus values among the younger generation and the absence of a formal legal umbrella at the village level. This study recommends the integration of Mapalus into Village Regulations (Perdes) as a non-bureaucratic standard operating procedure (SOP) in public services.
LEGAL PROTECTION FOR THE PUBLIC AGAINST LOCAL GOVERNMENT ADMINISTRATIVE DECISIONS IN WEST JAVA Taty Sugiarti
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

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Administrative decisions issued by local governments directly affect citizens’ legal positions in licensing, personnel affairs, public services, social assistance, land administration, and other governmental matters. This article analyzes the construction of legal protection against detrimental local-government administrative decisions and examines its application in West Java through Bandung State Administrative Court Decision Number 123/G/2019/PTUN-BDG. The study employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials consist of legislation on administrative courts, government administration, local government, public services, Supreme Court Regulation Number 6 of 2018, and the relevant court decision; secondary materials comprise recent administrative-law scholarship. The study finds that effective protection must operate in layers. Preventive protection requires lawful authority, proper procedure, adequate reasons, accurate factual verification, transparency, and compliance with the General Principles of Good Governance. Repressive protection is provided through administrative objections and appeals, judicial review before the State Administrative Court, and effective compliance with final judgments. The Bandung case demonstrates that judicial protection may correct a defect of authority even when the substantive basis of a personnel decision remains legally supportable. Therefore, legal protection should not be understood merely as a mechanism to reverse governmental outcomes, but as an institutional guarantee that every adverse decision is produced by a competent authority through a lawful and accountable process. For local governments in West Java, stronger ex ante legal review, accessible administrative remedies, standardized notice of remedies, and systematic monitoring of judgment compliance are recommended.
BUSINESS LICENSING CHALLENGES IN WEST JAVA FROM AN ADMINISTRATIVE LAW PERSPECTIVE Taty Sugiarti; Berna Sudjana Ermaya
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The transformation of risk-based business licensing through the Online Single Submission (OSS) system is intended to accelerate services and strengthen legal certainty, yet digitalization does not eliminate the administrative-law dimensions of license issuance, verification, supervision, and dispute handling. This study examines business licensing problems in West Java following the enactment of Government Regulation Number 28 of 2025 and West Java Provincial Regulation Number 4 of 2025. It applies normative legal research using statutory and conceptual approaches, supported by secondary evidence from OSS-RBA implementation studies in several West Java localities. The study identifies five major problems: the need to harmonize regulations and central-local delegation instruments; an insufficiently explicit chain of accountability for digital decisions and service disruptions; uneven user and administrative capacity; challenges in data interoperability, business classification, spatial planning, and environmental requirements; and risk-based supervision that must balance easier licensing. From an administrative-law perspective, these issues directly concern the principles of legal certainty, due care, openness, non-abuse of authority, public interest, and good service. The study concludes that licensing reform in West Java should prioritize regulatory harmonization, measurable allocation of responsibilities, assisted digital services, auditable decision trails, stronger complaint and administrative-remedy mechanisms, and supervision proportionate to business risk.
IMPLEMENTATION OF THE GENERAL PRINCIPLES OF GOOD GOVERNANCE IN GOVERNMENT ADMINISTRATION IN WEST JAVA Taty Sugiarti
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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This study examines the implementation of the General Principles of Good Governance in government administration in West Java, with particular emphasis on identifying implementation challenges and formulating recommendations for improvement. The research employs a normative-empirical legal research method by combining an analysis of relevant laws and regulations, legal principles, and administrative law doctrines with an examination of their application in governmental practice. The findings indicate that the implementation of the General Principles of Good Governance in West Java has not been fully effective, as several obstacles remain in translating normative standards into consistent administrative practices. These challenges may affect the quality, accountability, legal certainty, and fairness of government decision-making and administrative actions. Therefore, strengthening the application of good governance principles requires improvements in administrative procedures, institutional capacity, regulatory compliance, and the consistency of public officials in exercising governmental authority. This study recommends strengthening institutional mechanisms and administrative practices to ensure that the General Principles of Good Governance are effectively incorporated into government administration in West Java.

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