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Muhammad Hatta
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IJLSH
Published by Lembaga Pusat Studi Sosial dan Humaniora
ISSN : -     EISSN : 30637554     DOI : 10.70193/ijlsh
Core Subject : Social,
Social Sciences
The International Journal of Law, Social Science, and Humanities (IJLSH) is a periodically published scientific research and scholarly work authored by legal experts, academics, practitioners, and researchers in the fields of law, social sciences, and humanities. The International Journal of Law, Social and Humanities is a multidisciplinary publication that emphasizes scholarly research. It is published three times each year, in March, July, and November, by the Central Institute for Social and Humanities Studies [LPS2H]. This publication features scholarly articles and research findings contributed by prominent experts, academics, scientists, and practitioners in a range of disciplines within law, social sciences, and humanities. It serves as a platform for interdisciplinary dialogue and the dissemination of knowledge.
Arjuna Subject : Umum - Umum
Articles 42 Documents
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Application of Anti-SLAPP (Strategic Lawsuit Against Public Participation) Principles in Environmental Case Solutions in Indonesia Rina Fitri; Muhammad Chairullah; Dian Primadara; Hazimi Abdullah Cut Agam; Bustani
International Journal of Law, Social Science, and Humanities Vol. 2 No. 2 (2025): IJLSH - July 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i2.250

Abstract

The Anti-SLAPP (Strategic Lawsuit Against Public Participation) principle is one of the important principles in legal protection for environmental activism in Indonesia. This article discusses the application of the Anti-SLAPP principle in resolving criminal cases against environmental activists, with a case study of Decision Number 475/Pid.B/2020/PN Sgl jo. 21/PID/2021/PT BBL. This study uses a normative legal approach with descriptive analysis. The results of the study show that although the Anti-SLAPP principle has been recognized in the Indonesian legal system, its implementation still faces challenges, both in terms of regulations and law enforcement officers. This study recommends the need to strengthen regulations and increase the capacity of law enforcement officers in understanding Anti-SLAPP as part of the principle of protection for environmental advocacy. Keywords: Anti-SLAPP, Environmental Law, Human Rights Defenders, Public Participation, Legal Protection.
Concept of Deradicalization against Criminal Acts of Terrorism in the Perspective of Islamic Criminal Law Sumiadi; Zul Akli; Harley Agustian As-Samawi
International Journal of Law, Social Science, and Humanities Vol. 2 No. 2 (2025): IJLSH - July 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i2.252

Abstract

The phenomenon of radicalism and terrorism is a multidimensional global threat that demands a comprehensive response, not only from the repressive aspect, but also preventive and rehabilitative. This article analyzes the concept of deradicalization from the perspective of Islamic criminal law by focusing on the foundation of sharia, the role of ta'zir, the significance of ishlah and tawbah, as well as contemporary fiqh perspectives. The research shows that the principles of Islamic law, such as maqasid sharia, amar ma'ruf nahi munkar, rahmah, justice, and the concept of discretionary sanctions, provide a strong framework for de-radicalization programs. The article argues that Islam, with its emphasis on the betterment of the individual and society, offers internally relevant and humane solutions in countering extremism.
Telemedicine: Between Opportunities, Expectations, and Challenges in Health Development in Remote Areas of Indonesia Cut Khairunnisa; Al Muqsith; Nur Fardian; Maulina Debbyousha; Shabrina Shabrina
International Journal of Law, Social Science, and Humanities Vol. 2 No. 2 (2025): IJLSH - July 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i2.258

Abstract

Current technological advancements have helped Indonesian society access healthcare services more easily than before. Telemedicine emerges as a crucial innovation to implement, offering a viable solution to bridge geographical gaps by enabling remote consultations and medical services. The purpose of this study is to identify Indonesia's opportunities, expectations, and challenges in providing healthcare services by utilizing telemedicine. This study is a literature review using a narrative descriptive approach. Data was collected through online searches from various sources, including dissertations, theses, scientific publications, and e-books. The analysis results revealed that the utilization of digital technology in providing healthcare services to the community offers significant opportunities to improve the efficiency and convenience of medical services, especially in remote areas. The presence of telemedicine also offers new hope to the community. However, the implementation of telemedicine still faces various challenges and obstacles, including legal regulations, digital infrastructure, technological literacy, and public trust in digital-based healthcare services.
The Application of Criminal Liability of PT. Simeulue Perkasa Sejahtera for Environmental Damage Due to Forest and Land Fires in Nagan Raya Regency Nurlaili Maghfirah; Ridha Nur Ikhsan; Alfiadi; Zulfahmi
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.256

Abstract

This research examines the criminal liability of PT. Simeulue Perkasa Sejahtera (PT. SPS) for environmental damage resulting from forest and land fires in Nagan Raya, Aceh. Utilizing a normative juridical approach, the study analyzes Indonesia’s legal framework, including Undang-Undang No. 32 Tahun 2009 on Environmental Protection and Management, Undang-Undang No. 41 Tahun 1999 on Forestry, and Peraturan Pemerintah No. 71 Tahun 2014 on Peat Ecosystem Protection. Findings indicate that although legal provisions impose strict liability on corporations for environmental harm, law enforcement remains weak and inconsistent. Evidence of fire hotspots within PT. SPS’s concession area failed to result in administrative or criminal sanctions, reflecting broader enforcement challenges such as lack of inter-agency coordination, inadequate forensic expertise, and judicial reluctance. The discussion highlights the importance of attributing liability not only to corporate entities but also to individual actors within the company. Furthermore, the study emphasizes the need for stronger administrative actions and judicial reforms to bridge the gap between law and practice. This research contributes to the discourse on corporate environmental accountability in Indonesia and calls for urgent legal and institutional reforms to ensure environmental justice and uphold international commitments related to climate change and transboundary haze pollution.
Standardizing Smart Contracts for Regulatory Compliance in Cross-Border Payments Rahman, Samiur
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.260

Abstract

Smart contracts—auto-executing digital agreements built on DLT (Distributed Ledger Technology), an emerging technology of blockchain—are revolutionizing cross-border payments by enhancing efficiency and automation. However, their widespread adoption is hindered by a fragmented regulatory landscape and legal uncertainties across jurisdictions. Therefore, to promote the urgency of regulatory governance of smart contract, this research advocates for the techno-legal standardization of smart contracts to ensure regulatory compliance in international financial transactions. It investigates how smart contracts can be designed to meet diverse legal requirements while maintaining technical adaptability, scalability, and interoperability. Drawing on interdisciplinary literature and qualitative methods—including expert interviews, surveys, and case studies—the study aims to develop a framework that balances innovation with legal certainty. Key challenges addressed include jurisdictional fragmentation, enforcement mechanisms, integration with legacy systems like SWIFT, and compliance with KYC/AML regulations. The research also examines emerging solutions such as decentralized identity frameworks, trusted oracles, and hybrid on-chain/off-chain models. By bridging the gap between law, technology, and finance, this study offers actionable insights for policymakers, financial institutions, blockchain developers, and international businesses. Ultimately, it contributes to the development of a standardized smart contract ecosystem that supports secure, efficient, and legally compliant cross-border payments.
Hybrid Governance and Public Value in South African PPPs: Balancing Trust, Accountability and Participation Mahlatse Ragolane
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.264

Abstract

Public–Private Partnerships (PPPs) are increasingly promoted as vehicles for addressing complex service delivery challenges, yet their ability to generate sustainable public value remains contested. This study examines how hybrid governance arrangements in South African PPPs shape public value creation, using Public Value Theory (PVT) and integrating it with a hybrid governance perspective. Using a qualitative research design and secondary data analysis, the study applies a thematic approach guided by the Public Value-Hybrid Governance Interaction Model. The findings reveal that public value creation depends less on the formal adoption of hybrid governance structures than on the quality of their operationalisation across four interlinked dimensions: structural (role clarity and institutional alignment), processual (genuine co-production and stakeholder participation), relational (balance between trust and accountability), and outcome (equitable, legitimate, and sustainable results). This ‘less’ refers to a weaker correlation between the mere existence of hybrid structures and public value, compared to the stronger influence of their operational quality, particularly the extent to which they foster inclusive participation, clear accountability, and trust-building practices. Across these dimensions, persistent legitimacy deficits, institutional ambiguity, compliance-heavy oversight, and tokenistic participation weaken feedback loops essential for sustaining public value. Theoretically, the study extends PVT by positioning the trust-accountability equilibrium as a central determinant of value creation in hybrid contexts, rather than a peripheral moderator. Practically, it recommends governance designs that align institutional logics, embed inclusive participation, calibrate accountability mechanisms, and adopt multidimensional performance measures. By operationalising these principles, PPPs in South Africa can move beyond transactional efficiency towards transformative, equity-driven outcomes.
The Analysis of Damages and Remedies In Environmental Law: Case Study of PT. Kallista Alam Miftahur Rahmah; Nurleli; Sahrizal; Riski Anggara; Muhammad Hatta
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.243

Abstract

One of the important events in environmental law enforcement in Indonesia is the case of PT. Kallista Alam about theburning of peatland in Rawa Tripa, Aceh. Based on the decision of the Meulaboh District Court No. 12/PDT. G/2012/PN.MBO, which was later strengthened by the Banda Aceh High Court and the Supreme Court, the purpose of this study is toexamine aspects of compensation and environmental restoration. The research uses juridical-normative methods, using theanalysis of court decisions. The results of the analysis show that, based on Article 88 of Law No. 32 of 2009, the courtapplies the principle of strict responsibility, which establishes responsibility without proof of error. PT. Kallista Alam wassubject to compensation and recovery of IDR 366 billion, including ecological losses and active recovery. However, manychallenges hinder the implementation of the decision. This includes constant legal remedies and inadequate oversight ofexecutions. Concerning the principles of ecological justice and sustainable development, this decision relies heavily oncooperation between judicial institutions, government, and civil society. Keywords: Environmental Law, Strict Liability, Compensation, Ecological Recovery, Sustainable Development.
Implementation of the Principle of Strict Liability Through Civil Law Enforcement to Protect and Manage the Environment Rizqa Maulidya; Munawir; Mulazi Ibna Fikra; Hikmah Amna Mnr; Muhammad Hatta
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.244

Abstract

The settlement of environmental disputes currently uses the principle of Liability based on Fault which requires the plaintiff to prove the element of fault of the defendant. The elimination of the principle of Strict Liability as regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management brings significant changes in the process of resolving environmental disputes. The purpose of this study is to determine the urgency of implementing the principle of Strict Liability and to analyze the legal implications of eliminating the principle of Strict Liability as an effort to resolve environmental disputes. This study uses a normative legal research method with a statute approach, a conceptual approach, and a comparative approach. The purpose of the study is to explain the concept of strict liability and its legal basis, describe civil law in environmental cases, and assess the effectiveness of strict liability in protecting the environment. The principle of strict liability is an important tool in environmental law to enforce responsibility for environmental pollution and damage without having to prove fault. Civil law enforcement can be an effective instrument if supported by a strong judicial system and public awareness.
Presumption Of Innocence Towards Suspected Children Of Robbery Zul Akli; Johari; Zainal Abidin; Sumiadi; Ummi Kalsum
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.265

Abstract

This paper discusses the presumption of innocence principle, which in principle must be upheld in every legal case, especially where the alleged perpetrators are still children who are still in school, whose cases must receive special attention given that they are still developing and are easily influenced and prone to following others without clear reasons. The involvement of children in alleged robbery is a unique phenomenon in the Lhoseumawe area. The involvement of children in robbery cases is sometimes nothing more than a search for identity, as not all of them behave deviantly, but the effects of these actions have become a serious problem. In addition, they are not proven guilty when arrested and prosecuted, so they are returned to their parents. The education sector has its own rules for dealing with delinquent children, so sometimes the decisions made have an impact on the child's own education.
Transfer of Sustainable Technology Based on Compulsory Licensing Principle under the WTO Law Adam, Bani
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.269

Abstract

Development of electric vehicles (EV) constitutes a transformation of transportation in combating global warming. It also purposes for overcoming increase of premature death of human being because of high fossil fuel consumption in transportation particularly in Indonesia as developing countries. However, the technology application is a challenge for such countries to adopt for usage publicly. The challenge faced by Indonesia is private rights of intellectual property holder affecting barriers for mass production. This article looks for justification for Indonesia’s adoption of transfer of green technology for protection of public health regarding the WTO rule and international conventions concerning on climate change. It uses qualitative methodology with legal-descriptive and normative approach applied. The rule of WTO and international conventions on climate change instruments become primary sources to appraise the justification of the measures. Those are also supported by secondary sources originating from library research to assist in analyzing the research question. Article 31 of TRIPs Agreement regulates that compulsory licensing might be imposed for adoption of technology transfer in circumstances for protection of public health. It could be extensively interpreted that air pollution may threaten health of human being as Doha Declaration 2001 justify flexibility application of compulsory licensing. The UNFCCC and Paris Agreement 2015 mandate industrial countries should contribute development of green technology to developing countries through transfer of technology. Finally, the WTO rules are considered as part of public international law as Panel in the case of US-Gasoline (DS2) provides the rule of WTO should be interpreted as accordance with the objective of international law.

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