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International Journal of Society and Law
Published by Yayasan Sinergi Multidimensi Kreatif
ISSN : -     EISSN : 30314763     DOI : https://doi.org/10.61306/ijsl
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
International Journal of Society and Law is a journal that explores important issues in the field of law and society at the international level. This journal provides a platform for a variety of research and analysis related to the interaction between law and social dynamics in global society. Topics discussed in this journal include international law, human rights, public policy, ethics, legal regulations, social developments, and legal issues relevant in a global context. With an emphasis on a multidisciplinary view, the journal aims to promote a better understanding of how law and society influence each other, as well as their impact on global society.
Arjuna Subject : Umum - Umum
Articles 216 Documents
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LAW ENFORCEMENT AGAINST THE CUSTOMARY RIGHTS OF INDIGENOUS PEOPLES OF PAPUA (STUDY OF SUPREME COURT DECISION NUMBER 1900/K/PDT/2024) Finisia Bako; Abdul Razak Nasution
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

This study was conducted with the aim of determining the legal aspects of customary rights of indigenous peoples in the considerations of judges who decide on customary rights lawsuits in the Supreme Court decision number: 1900/K/Pdt/2024. This study uses normative juridical with a descriptive approach that aims to analyze carefully to solve problems in accordance with the applicable legal framework. In this study, the data sources used are secondary data in the form of Supreme Court case decisions number: 1900/K/Pdt/2024, laws and regulations and literature related to the research problems. Based on the results of the Supreme Court decision Number 1900/K/PDT/2024, it confirms the recognition of the customary rights of Papuan indigenous peoples as a form of collective ownership that is inherited from generation to generation. In this case, the customary land belonging to the Mandacan family is declared to remain theirs because it was never released through a legal mechanism according to customary law. However, land acquisition by other parties, including the issuance of Building Use Rights (HGB) certificates by the National Land Agency (BPN), was carried out without the consent or legal compensation to the customary owners. This action is considered an unlawful act because it does not respect the rights of indigenous peoples guaranteed by Article 18B of the 1945 Constitution. This decision also highlights the important role of state institutions, such as the BPN, in ensuring that land administration processes are carried out with respect for customary law and the rights of indigenous peoples.
Application Of PBL Model in Improving Students' Independence in Islamic Religious Education Subjects In Class XI Of State Vocational High School 8 Medan Putri Zahra; Bahtiar Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

Independence Study as one of the aspect crucial students in the learning process who play a role in development potential self . Study of study This related application of the PBL model in improvement independence students at SMK Negeri 8. Research This started from lack of optimization in independence Study tend cause student not enough believe self so that No maximize the abilities that exist within him . Applying method qualitative descriptive , utilizing the process of observation , interviews , and studies documentation as technique collection data.Technique data analysis using stages data reduction , data presentation , then withdrawal conclusion . Findings than study disclose that There is improvement independence student with the implementation of the PBL model , namely skills breakdown problem,ability think critical , and strengthening mark trust self . The implementation of the PBL model must be in accordance with the steps and consistency is an important thing in increasing student independence. The conclusion is that with PBL implementation , independence Study student can increased in eyes Islamic Religious Education lesson in class XI Culinary Arts 7.
Interpretation Of Dreams In The Study Of Islamic Tasawuf Syarifuddin; Zulfi Imran
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

Every human being who sleeps has ever dreamed , although many claim not to remember it when they wake up. Some people believe that dreaming will bring a sign. So, how is the interpretation of dreams in the study of Sufism? Dreams as a psychological and spiritual phenomenon has been a focus of human attention throughout history and has received special attention in literature, philosophy, Sufism, Mysticism and various religious traditions. Some people know dreams as Bunga tidur , where some people believe that dreams have meaning or as a sign. Is it true that dreams according to Sufism are also like that? In the development of human thought, dreams are considered as a gateway to the spiritual world, a place where experiences that go beyond the boundaries of physical reality are revealed. Despite their highly personal nature, dreams have an inescapable universal appeal in shaping human culture. The phenomenon of dreams, in all its aspects, is not a separate entity, but is closely interwoven with the cultural heritage and everyday life of human beings. Dreams can be seen as a reflection of the complexity of human thoughts and emotions. The existence of dreams does not only cover the individual realm, but also extends into the collective realm. Jungian psychology, for example, emphasizes the concept of the collective unconscious, where symbols and archetypes and interpretations in dreams reflect aspects that are universal and exist in all cultures of the world's people.
Improving Fine Motor Skills Through Sewing Activities In Early Childhood In Kindergarten Almahyra, Hamparan Perak District Wardah Syahira; Rika Widya
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

Fine motor development is a very substantial development for early childhood. Fine motor development also determines a child's ability and success in the academic field and life skills at a later stage. Therefore, there is a need for activities that can support and develop fine motor skills in early childhood. The purpose of this study is to improve fine motor skills through sewing activities in early childhood at Almahyra Kindergarten, Hamparan Perak District. The research method used in this study is Classroom Action Research (PTK). This research has two stages, namely: cycle I and cycle II, each cycle consists of: planning, action, observation and reflection. In this study, each cycle has two meetings, namely the first meeting and the second meeting.
LAW ENFORCEMENT PROBLEMS AGAINST DRUG USERS (Study Decision Number: 214/Pid.Sus/2024/PN.Mdn) Roslina Tiur Melia; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

Narcotics circulation and abuse is one of the national problems that are taken seriously by the government, because it can cause damage to the nation's morale, perpetrators of narcotics crimes often get punishment based on court decisions that lack a sense of justice and legal certainty. In narcotics cases, there are several articles that are often used to ensnare perpetrators, namely Article 114, Article 112, and Article 127 of Law Number 35 of 2009 concerning Narcotics. The three articles, there are two articles that have multiple interpretations and unclear formulations, namely in Article 112 and Article 127 of Law Number 35 of 2009 concerning Narcotics. The multi-interpretation article will result in narcotics crime perpetrators (dealers) taking refuge as if they were victims of narcotics crimes. That this will have an impact on the imposition of punishment with a short sentence so that it causes injustice in the implementation process. This research is normative juridical, which is a method that describes or explains a fact systematically and then the analysis is carried out juridically by linking the data and facts obtained by analyzing court decisions related to criminal sanctions against perpetrators of narcotics crimes and related to applicable laws and regulations. The results of this study However, in the field of narcotics law enforcement, this seems to be much more difficult. Prioritizing criminal punishment seems to be very inherent in our law enforcement body. It takes extraordinary encouragement both at the local, national and international levels. Therefore, in relation to the case in this study, the Judge of the Medan District Court decided that the defendant was legally and convincingly guilty in accordance with the provisions of article 112 paragraph (1) of UURI No.35 of 2009 concerning Narcotics by imposing a criminal sentence on the defendant Veri Suriana als Veri, therefore with a prison sentence for 6 (six) years and a fine of Rp.1,000,000,000,- (one billion rupiah) with the provision that if the fine is not paid, it must be replaced with imprisonment for 6 (six) months.
JURIDICAL ANALYSIS OF PROVING GUILT IN PARTICIPATING IN THE CRIME OF THEFT ACCORDING TO PROVISIONS OF ARTICLE 55 OF THE CRIMINAL CODE (Study Decision Number: 15/Pid.S/2024/PN.Stb) Asmita Br. Sitepu; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

This study examines and examines participation (deelneming) which, among other things, includes the form of participation/involvement of a person both psychologically and physically by doing an act so that a criminal act occurs. The inclusion penalty is regulated in Article 55 of the Criminal Code which means that there are two or more people who commit a criminal act. This research is a type of normative research using secondary legal sources and using qualitative descriptive analysis. The results of this study show that the forms of participation can be divided into two parts, namely: first, the maker consisting of: the actor (pleger), the doenpleger, the participant (madepleger) and the advocate (uitlokker); Second, the helper consists of: the helper at the time the crime is committed and the helper before the crime is committed.
LEGAL PROTECTION OF CHILDREN AS PERPETRATORS OF NARCOTICS CRIMES AS AN EFFORT TO REFORM THE LEGAL SYSTEM IN INDONESIA (Study Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj) Diana Gultom; Mhd. Azhali Siregar
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

The involvement of children in narcotics crimes who become narcotics couriers is a series of malicious agreements in carrying out illegal narcotics trafficking, but in the capacity of the category of children who help in terms of trade or distribution by accompanying the owner of the goods by being promised or lured has often hit children of that age, this is a very concerning thing where the child has been dealt with and are classified as having committed narcotics crimes. In this case, the child has committed an act, malicious consensus without rights or against the law offering to sell, sell, buy, receive, become an intermediary in the sale and purchase, exchange or hand over Class I Narcotics which in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) tree trunks or in non-plant forms weighing more than 5 (five) grams. As a result of this incident, the child was charged as regulated and threatened with criminal punishment in Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The type of research in writing this thesis is carried out with a type of normative legal research in the form of literature research that uses 3 legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. This legal research focuses on literature studies which means that more will be studied and reviewed existing and applicable legal rules. The results of this study show that the Legal Protection of Children as Intermediaries in the Legal System in Indonesia in Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj. namely by referring to Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Child Criminal Justice System, Legally and convincingly proven guilty of committing a criminal act "Without the right to make a malicious conspiracy to sell Class I narcotics that are not plants weighing more than 5 grams, the Judge of the Binjai Court has imposed an action on the child, in the form of an action to be returned to the parents and ordered the child to be released from the custody of the Temporary Child Placement Institution (LPAS). The basis for the judge's consideration is the Juvenile Criminal Justice System as stipulated in article 69 paragraph (1) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. This Criminal Policy is a grand design of the Indonesian Government's legal politics which recognizes the human rights of children with the aim that children are the nation's asset capital that can be useful in the future so that special arrangements are needed in the settlement of cases that befall them. With the hope that the child can return to society as the nation's asset capital in the future.
LEGAL IMPACT OF BUSINESS DISPUTES IN MARRIAGE ON OWNERSHIP AND DIVISION OF JOINT PROPERTY Beby Sendy; Rika Jamin Marbun; Tria Wahyu Artita
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Marriage is a sacred institution that is not only physically binding, but also affects the legal, social, and moral aspects of human life. One of the important issues in marriage is the division of joint property, especially during a divorce. Joint property refers to all property acquired by a husband and wife during the marriage. However, there are various factors that influence the division of joint property, including the type of property owned, the marriage agreement made previously, and the contribution of each party to the business or property acquired. The division of joint property is regulated by Law Number 1 of 1974 concerning Marriage and the Civil Code, which provide a legal basis for the assessment and resolution of disputes related to joint property. This study aims to examine the definition and scope of joint property in marriage and the mechanism for resolving business disputes that arise due to divorce. The method used is normative juridical with a descriptive analytical approach, through an analysis of relevant laws and regulations and jurisprudence. The results of the study indicate that the division of joint property in the context of divorce involves a process of mediation, litigation, and evaluation of the contribution of each party in obtaining the property. In addition, there are exceptions to joint property, such as personal property or property acquired through a prenuptial agreement.
LEGAL LIABILITY OF MEDICAL PERSONNEL FOR MEDICAL ACTIONS WITHOUT THE PATIENT'S CONSENT (WITHOUT INFORMED CONSENT) Zainuddin; Irsyam Risdawati
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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The provision of medical procedures without patient consent or without informed consent is a crucial issue in medical practice that directly touches aspects of professional ethics and the protection of patients' human rights. In Indonesia, although regulations have explicitly regulated the importance of patient consent before medical action is taken, there are still many cases of violations that have the potential to have legal repercussions for medical personnel. Violations of the principle of informed consent not only injure the patient's right to know and decide, but can also be a form of malpractice that is physically and psychologically detrimental. This research aims to answer the question of how legal liability can be imposed on medical personnel who perform medical acts without informed consent, what is the legal basis that regulates it, and the extent to which patients' legal protection is recognized and enforced. The focus of the study is directed to juridical analysis of laws and regulations as well as studies of several concrete cases that have occurred in Indonesia. The legal liability studied includes civil, criminal, and professional aspects of medical personnel. The research methodology used is a juridical normative approach with qualitative analysis techniques. Data was obtained from literature studies on laws, court decisions, professional codes of ethics, and other relevant documents. Conceptual approaches and case approaches are used to explore how legal principles are applied in practice as well as assess the effectiveness of legal protection for patients. The results of the study show that medical personnel who perform medical actions without informed consent can be held legally accountable based on the Civil Code, the Criminal Code, and Law Number 29 of 2004 concerning Medical Practice. These actions can qualify as defaults, unlawful acts, or even criminal acts. Therefore, it is important for governments and health institutions to strengthen the implementation of regulations through socialization and strict supervision of informed consent procedures. Technical revisions are also needed in the form of derivative regulations that clarify operational standards and responsive law enforcement mechanisms.
Application of Health Law in Narcotics Rehabilitation Programs by Reporting Recipient Institutions Indra Kurniyawan; Marice Simarmata; T Riza Zarzani N
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
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Abstract

Abusers and victims of narcotics abuse have the right to receive rehabilitation in accordance with applicable regulations. The application of health law in narcotics rehabilitation programs by Mandatory Reporting Institutions (IPWL) is a very important effort in helping abusers and victims of narcotics abuse. The program focuses not only on physical recovery from medical problems, but also on mental and social recovery. IPWLs appointed by the government must carry out rehabilitation programs for abusers and victims of narcotics abuse in accordance with the standards that have been set. The goal is to restore the condition of abusers and victims of narcotics abuse so that they can integrate themselves back into society and function socially. The standard of rehabilitation services set by the government covers various aspects such as methods, duration, facilities, and costs, this aims to ensure that each individual receives treatment that suits his or her needs. The legal framework underlying this program is Law No. 35 of 2009 concerning Narcotics and Permenkes No. 17 of 2023 concerning Amendments to Permenkes No. 4 of 2020 concerning the Implementation of IPWL. Minister of Health Regulation No. 17 of 2023 which requires medical and social rehabilitation for abusers and victims of narcotics abuse. Through a normative juridical approach, this study highlights various problems regarding the application of health law for abusers and victims of narcotics abuse, therapy for appropriate treatment, and understanding the financing mechanism of accepted therapies. The results of this study are expected to be able to provide an analysis of the effectiveness of the implementation of health law, as well as identify appropriate therapies in the rehabilitation of drug abusers and victims of drug abuse and understand the mechanism in financing it.

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