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International Journal of Sustainable Law
Published by Universitas Kristen Cipta Wacana
ISSN : -     EISSN : 30626935     DOI : https://doi.org/10.71131/p3ts7v75
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
International Journal of Sustainable Law (IJSL) addresses specific issues on private law, criminal justice, constitutional law, human rights, administrative law, international law, and Islamic law. IJSL publishes peer-reviewed articles to increase the efficiency of the process and ensure the quality of published articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
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Validity Decision Letter Against Dismissal of State Civil Apparatus In Indonesia Herman, Riyad Atmaja; Razak, Abdul; Ilyas, Anshori
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/p3ts7v75

Abstract

This article examines the implications of the Joint Decree on Disrespectful Dismissal of the State Civil Apparatus, focusing on the dismissal of individuals who have completed their criminal sentences based on court decisions with permanent legal force (inkracht van gewijsde). Employing a Normative-Empirical research approach, the study was conducted in Palopo City, South Sulawesi Province, specifically at the Office of the Personnel and Human Resources Development Agency.The research identifies two key issues. Firstly, the Joint Decision Letter (Number 182/659/SJ, Number 15/2018, Number 153/Kep/2018) lacks specificity regarding sanctions against civil servants convicted of criminal offenses. This oversight poses a risk of maladministration actions, as it fails to address the potential consequences for non-compliance with the decree. Secondly, the article contends that the central government should not solely focus on dismissing civil servants convicted of corruption but also hold Personnel Supervisory Officials accountable for failing to enforce dismissals. This accountability serves as a crucial deterrent, discouraging selective application of sanctions and abuse of authority. The study underscores the importance of effective supervision and advocates for disciplinary training to instigate positive behavioral changes among employees, fostering a culture of adherence to legal mandates
Handling Cases of Bullying Practices in The School Environment in Terms of Criminal Law Dores, Dedi; Mubarok, M. Khusni; Setiawan, Hery; Kumala, Milka; Khilmi, Muhammad
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/642t3b02

Abstract

This research aims to find out what are the backgrounds of bulliying, law enforcement for perpetrators, protection for victims and how to find solutions so that bulliying cases do not mushroom in places that should be a place of knowledge. The research method used is normative research method using regulatory approach. Legal protection for victims of bullying crimes is regulated in Article 76C of the Child Protection Law No. 35 of 2014. This article contains content that prohibits violence against children. Legal protection against the perpetrators of bullying, where the perpetrator also has rights that are his rights, protection can be achieved by prioritizing differences in efforts to overcome the problem of bullying and by overriding criminal penalties, if diversion does not find an agreement, then specifically the perpetrators of child crimes are tried taking into account the principles contained in Law Number 11 of 2012 concerning the Juvenile Justice System. Crime prevention efforts can be divided into penal prevention (criminal law) and non eanal prevention (other than criminal law).
Legal Protection of Women Victims of Sexual Harassment on Campus in The Indonesian Criminal Justice System Reviewed from Permendikbud Number 30 of 2021 Putra, Rizky Perdana Bayu; Masruchi, Zainal Arif; Doroh, Gasper; Irawan, Joni; Milka Kumala; Saputra, Moch Edy
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/1tfqya18

Abstract

This study aims to understand the form of legal protection in accordance with the latest policies related to the Prevention and Handling of Sexual Violence (PPKS) on campus in terms of Permendikbud No. 30 of 2021. Sexual harassment is a crime committed by harassing, humiliating, insulting which results in psychological or physical suffering. This sexual crime does not only occur in the private sphere, family environment, gaming environment, office and company environment. But it can also happen in the college environment. The formulation of the problem in this article is mainly whether victims of sexual harassment in the university environment can obtain legal protection. And second, how legal protection for victims of sexual harassment in higher education is reviewed from Permendikbud No. 30 of 2021. The research method used is normative legal research. With the presence of Permendikbud Edition 30 of 2021, there is no reason for universities not to prevent and overcome sexual violence. There are several types of sexual violence, namely psychological violence, physical violence, economic violence, verbal violence and cyber-sexual violence
The Problem of Illicit Gold Mining from The Standpoint of a State Upholding The Rule of Law Tries Edy Wahyono; Mochtar, Mochammad; Soediono, Ricardo; Emilia; Romli, Mustain
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/zc72f913

Abstract

The three primary questions this research seeks to address are: How does criminal law approach environmental issues, such the PETI case, and what are the ethical philosophy of preventative initiatives' perspectives on solving environmental issues? as well as the measures taken by the government to address this issue. This paper uses a qualitative research methodology that is somewhat juridical-empirical in character. Written resources (books, journals, papers, etc.) are the source of data for this topic. This research study divides textual material into two categories: main and secondary. Criminal threats, such as jail time and fines, must exist for PETI offenders, as mentioned in the articles. Further criminal or disciplinary penalties under Article 119 Law Number 32 of 2009 concerning Environmental Protection and Management can be imposed on commercial companies. People need to understand their own roles, obligations, and responsibilities in life. in order for this moral idea to serve as a safeguard against human-caused environmental harm. Lastly, in regards to the government policies that also need to play a role in solving this PETI issue, these include: offering support to enable PETI to become a legal business; offering technical help; offering financial support for development; and offering access to prevent business actors from feeling pressured to legalize a business. the mining.
The Application of Indonesian Environmental Administrative Law with Regard to Criminal Considerations Tuti Handayani; Rukmono, Indra; Lie Epifani R. Gunadi; Elmi Sasmitaningtyas; Abd. Rohman
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/wpyxjg60

Abstract

In addition to examining the evolution of democracy under the rule of law from the standpoint of environmental law enforcement in Indonesia, the purpose of this study is to identify the elements of environmental management law enforcement in Indonesia and the administrative penalties associated with environmental law enforcement. The research methodology in this study takes a legal perspective. Descriptive-analytic research methodology is employed. Since Indonesia is a state of law, including environmental law enforcement, descriptive analysis with a qualitative approach was employed as the data analysis method in this study. Administrative penalties are one way that environmental laws are enforced. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm. Legal penalties known as administrative sanctions are those that authorities of the government can apply without first bringing charges against people or organizations that break environmental administrative legislation. The primary purpose of administrative sanctions is to serve as a tool for controlling illegal activity. According to the organic state theory, the state has controlled the application of administrative sanctions in order to control every action and/or enterprise in the environmental sector, as seen from the standpoint of environmental management legislation enforcement in Indonesia. Prevent negative effects on the environment, such as pollution and/or environmental harm.
The Role of Social Services for Women Empowerment, Child Protection, Population Control and Family Planning in The Protection of Child Victims of Sexual Abuse Nooriane, Joanita; Suratman, Teguh; Nurita, Riski Febria
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/2dv70e61

Abstract

This study aims to investigate the prevalence and nature of sexual abuse against children in the city of Malang, Indonesia, and to explore legal and social frameworks for the protection and Prevention of such abuse. The problem of the study is the increasing cases of child sexual abuse in Malang, despite legal and institutional efforts to protect them. The study used qualitative research design, involved interviews with key informants from the field of Child Protection of Social Services and analysis of relevant legal documents and regulations. The study found that sexual abuse of children in Malang includes various forms of non-physical and physical behavior, such as inappropriate comments, gestures, and unwanted physical contact. The implications of this study highlight the urgent need for further strengthening of legal protection, institutional capacity, and public awareness to effectively prevent and address the problem of child abuse in Malang.
Analysis of the Age Limit for Regional Head Candidates in Supreme Court Decision Number 23P / HUM / 2024 Perspective of Gustav Radbruch's Legal Certainty Theory Nurrahmah, Fitriyah Nurrahmah; Rukmono, Indra; Dores, Dedi; Prayitna, Reza Dipta
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/gq11y769

Abstract

The Supreme Court through decision number 23P/HUM/2024 gave birth to a new provision regarding the age limit of regional head candidates calculated at the inauguration stage, not at the time of determining the candidate pair. This provision has caused polemics among the public because if it is calculated from the inauguration how the KPU and the organizers have difficulty verifying the qualifications of the minimum age limit of the regional head candidates and whether it fulfills the aspects of legal certainty when viewed from the ideas of Gustav Radbruch. This research uses normative research with a case approach model. Gustav Radbruch interpreted legal certainty with 4 indicators, namely (1) law is a positive thing (legislation); (2) law is based on facts; (3) legal facts must be formulated in a clear way (avoiding misinterpretation and easy to implement); and (4) positive law is not easily changed. Supreme Court Decision Number 23P/HUM/2024 when examined from the four indicators initiated by Gustav Radbruch shows legal uncertainty.
Political Rights Of Former Corruptors In View Of The Constitution Nurita, Riski Febria; Rafid, Rahmad; Fanani, Ahmad Daniyal; Perdana Bayu Putra, Rizky
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/8qm8am48

Abstract

The Supreme Court (MA) ordered the General Election Commission (KPU) to revoke Article 11 paragraph (6) and Article 18 paragraph (2) of KPU regulation (PKPU) Number 10 of 2023. Some feel the order violates human rights because it deprives a person of the political right to be elected to public office. The Supreme Court in decision Number 28 P/HUM / 2023 has granted the application for Material Test against Article 11 paragraph (6) and Article 18 paragraph (2) of PKPU Number 10 of 2023. The PKPU is considered contrary to Article 240 paragraph (1) letter g and Article 182 letter g of the election law because it provides a red carpet for former corruption convicts to become election participants. revocation of political rights is done because the convict has abused his authority as a public official, this punishment is expected to protect the public from similar actions and cause a deterrent effect for the convict. Whereas, for Contra-groups, denial of revocation of Rights is chosen or chosen because it violates human rights. This research includes library research, which is a research conducted by reading books, literature and examining various theories and opinions that have a relationship with the problem under study. In this case the author reads and takes theories from books related to issues of Political Rights and establishing laws and concludes the results of research from various kinds of such books. Judging from its nature, this study includes normative juridical Law Research. The form of normative juridical research is legal research conducted by researching library materials. This research is conducted or submitted only on Written regulations or other legal materials.
The Evolution of Colonial Legal Regulations in 19th Century Dutch East Indies Classical Literary Texts fitriany, Aulia; Wahdatur Rike Uyunul Mukarromah; Wibowo, Satrio; Sudrajad, Wahyu; Handayani, Tuti
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/bj458321

Abstract

This study explores the representation of colonial law in 19th-century literary texts, examining how these works reflect and critique the colonial legal system. Using a qualitative approach with content analysis, the research focuses on how colonial law influenced various aspects of indigenous life, including social, cultural, and economic spheres. The study identifies key themes such as colonial law as a tool of oppression, resistance against colonial law, social stratification reinforced by colonial law, and law as a symbol of colonial power. Through literary works like "Hikayat Siti Mariah," "Hikayat Abdullah," and "Syair Perang Mengkasar," the study reveals how these texts serve as both a mirror and critique of colonial legal practices. By analyzing these narratives, the research highlights the role of literature as a social and legal archive, offering alternative perspectives to the official colonial narrative. The study also examines how literary texts document resistance and contribute to an ongoing critique of colonial law, remaining relevant for understanding postcolonial legal dynamics
Gus Miftah’s Contemporary Da'wah Rhetoric Style on the Iced Tea Seller from Communication and Legal Perspectives: A Case Study Fikriyah, Durrotul; Dwi Ratna Cinthya Dewi; Amri
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/88xycq46

Abstract

The current study aims to examine the Contemporary Da'wah Rhetoric of Gus Miftah's preaching. However, the focus of this research is on the case of Gus Miftah and the Iced Tea Seller which went viral because Gus Miftah used impolite and offensive words in his preaching. The method used in this journal is Normative Law Research using a statutory approach. The results of this research are 1. The rhetoric of Da'wah in Islam does not only focus on the way of speaking, but also on morals and sincerity in preaching. 2. So far, Gus Miftah, in his preaching method, often uses jokes and impolite words, because the target of Gus Miftah's initial preaching was towards marginalized people, which then carried over to the stage where he lectured. 3. From a legal perspective, speaking or preaching using impolite words can be caught in the Law on Defamation or Insults in accordance with Article 310 of the Criminal Code if it is intended to insult you, but in the case of Gus Miftah and the Ice Tea Seller this is not included in the Law. This was invited because what Gus Miftah said was actually a joke, not an insult. Meanwhile, from the Communication Science perspective, what Gus Miftah said was very unethical for a preacher to say.

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