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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 6 Documents
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Search results for , issue "Vol. 1 No. 2 (2024)" : 6 Documents clear
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.
The Use Of Legal Morals To Prevent Women's Violence In The Educatory Environment Arif, Alvia Zuman Zauza; Rafid, Rahmad; Ali, Moh; Rahmawati, Alfi Mufida; Rizki, Muhammad; Kumala, Milka
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/e3p7yk58

Abstract

Violence against women in the educational environment is a worrying issue because it has a direct impact on human rights, psychological development, and the sustainability of victims ' education. This study aims to analyze the application of moral law as a strategic approach in tackling violence against women in educational institutions. Using the juridical-sociological method, this study examines the relevance of applicable legal norms, such as Law Number 12 of 2022 on sexual violence crimes, with the application of legal moral values in the field. The results show that legal morality plays an important role in encouraging stakeholders to not only abide by the rules, but also internalize the values of justice, respect for human dignity, and protection of victims. The findings also revealed the existence of obstacles in the implementation of moral law, such as lack of legal awareness, lack of supervision, as well as structural barriers in the handling of cases of violence. Therefore, collaboration between educational institutions, governments, and communities is necessary to create a safe and inclusive educational environment. This study recommends the establishment of a special team in the educational environment that serves as a supervisor and facilitator of the application of legal morals, morality training for educators, as well as the provision of assistance services for victims. With effective implementation, moral law can be a strategic foundation to reduce the number of violence against women and realize equality in the educational environment
Legal Considerations of Domestic Violence in Divorce (Case study at the Merauke Religious Court No. 254 / Pdt.G / 2022 / PA. Mrk) Suwarno, Suwarno; Yulia Rahman, Hendra; Al Abza, M.Thohar
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/w889z485

Abstract

Violence in Rmah Tangga (KDRT) is one of the reasons that is often used as the basis for divorce applications in court. This study aims to analyze the legal considerations desired by the judges of the Merauke Religious Court in deciding divorce cases on the basis of domestic violence in decision Number 254/Pdt.G/2022/PA.M. This research uses qualitative research methods. By using an empirical study or case study approach. The data collection is sourced from the results of the decision of case Number 254/Pdt.G/2022/PA. Mrk and interview. The results of the study indicated that case Number 254/Pdt.G/2022/PA. The reason that makes the plaintiff in this case the wife filed for divorce from the defendant who is none other than her husband is the first physical violence. The plaintiff said that this physical violence was in the form of beating and kicking the plaintiff which had an impact on bruises on his body. The second reason for the plaintiff is the existence of Psychological Violence, namely the defendant always says rude words that cause fear and threats to the plaintiff. The subsequent finding is that case Number 254/Pdt.G/2022/PA. Mrk mentioned that the judge in considering the filing of divorce on the grounds of Syiqaq or the existence of continuous quarrels and disputes. These legal considerations certainly obscure the reasons put forward by the plaintiff under the pretext of domestic violence, namely the existence of physical and psychological violence. In general, of course, the judge in considering the law in the decision has been fair, that is, the judge is based on benefits. Which if this case is not granted, it will cause great benefits or harm to one of the parties.

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