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Contact Name
Putri Amalia Zubaedah
Contact Email
putri.amaliazubaedah@gmail.com
Phone
+6288220544759
Journal Mail Official
journal@mediamandalika.com
Editorial Address
Dusun Gunung Arba, Jango Kec. Janapria , Kab. Lombok Tengah, Provinsi Nusa Tenggara Barat, 45613
Location
Kab. lombok tengah,
Nusa tenggara barat
INDONESIA
Journal of Law and Humanity Studies
ISSN : 30324297     EISSN : 30326796     DOI : 10.59613
Core Subject : Social,
Journal of Law and Humanity Studies accommodates all studies on social dynamics and changes related or associated with law. Therefore, the study of criminal and civil law normatively (dogmatic law science), philosophically (legal philosophy), empirically (sociology and legal anthropology), and especially through interdisciplinary (socio-legal) and comparative studies (comparison), is highly permissible. Among the subjects in the field of law that can be chosen are law and the constitution, Humanity Studies, natural resource law, government law, business and civil law, criminal law, law and society, law and religion, and international law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
Constitution in Power Dynamics: An Analysis of the Role and Implications in Indonesia Irma Mahmuda
Journal of Law and Humanity Studies Vol. 1 No. 1 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/m1bv1v26

Abstract

This study explores the role and implications of the constitution in the dynamics of power in Indonesia using a qualitative approach through literature studies and library research. The constitution serves as the supreme legal framework that regulates the structure, function, and limitations of state power. However, in practice, constitutional interpretation and implementation are often influenced by political interests, leading to shifts in governance dynamics. This research analyzes the interaction between the constitution and political power, highlighting its impact on democratic institutions, governance stability, and legal certainty. Through an in-depth examination of various legal documents, academic studies, and historical developments, this paper identifies key patterns in constitutional amendments, judicial review decisions, and executive-legislative relations. The findings indicate that while the Indonesian constitution provides a strong legal foundation for democratic governance, its application is frequently contested, particularly in relation to political maneuvering, institutional autonomy, and public participation. The study also reveals how constitutional amendments and judicial interventions have shaped the balance of power in Indonesia, both reinforcing and challenging democratic principles. This paper concludes that a dynamic and evolving constitutional framework is crucial to maintaining democratic integrity while adapting to socio-political changes. Ensuring transparency, accountability, and adherence to constitutional principles is essential for sustainable governance. By examining Indonesia’s constitutional dynamics, this study contributes to a broader understanding of the relationship between law and power in emerging democracies.  
Restorative Justice in Resolving Juvenile Crimes in Indonesia Muhammad Rayhan
Journal of Law and Humanity Studies Vol. 1 No. 1 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/msv92d22

Abstract

In the juvenile criminal justice system in Indonesia, the restorative justice approach is an alternative that is increasingly prioritized compared to the retributive justice system which tends to punish children without considering the psychological and social impacts. Restorative justice emphasizes the restoration of relationships between perpetrators, victims, and the community with the aim of rehabilitation and social reintegration of children who are facing the law. Although it has been supported by regulations such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), the implementation of restorative justice still faces various obstacles, such as lack of understanding by law enforcement officials, community resistance, and coordination challenges between institutions. This study aims to analyze the effectiveness of the implementation of restorative justice in the settlement of juvenile crimes in Indonesia and explore the challenges and opportunities in its implementation. The method used is a literature study with a systematic literature review (SLR) approach, which includes the analysis of various journal articles, books, and laws and regulations related to the juvenile criminal justice system in Indonesia. The results show that the restorative justice approach is able to reduce the level of child recidivism, increase the involvement of victims in case resolution, and minimize the negative impact of the judicial process on child development. However, the success of this approach still depends heavily on the support of the law enforcement authorities, the role of the community, and adequate rehabilitation infrastructure. Therefore, a more systematic strategy is needed to strengthen the implementation of restorative justice to create a fairer and rehabilitation-oriented juvenile justice system.  
Dynamics of Law Enforcement of Illegal Online Loan Cases in Indonesia Rahmat Dermawan
Journal of Law and Humanity Studies Vol. 1 No. 1 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/1x0qdd98

Abstract

The rise of illegal online lending cases in Indonesia has caused various negative impacts on the community, including intimidation in collection, misuse of personal data, and unreasonable interest rates. Although the government has issued various regulations and blocked illegal platforms, law enforcement against illegal loan actors still faces various obstacles, such as the difficulty of tracking down perpetrators based abroad and the lack of coordination between relevant institutions. This study aims to analyze the dynamics of law enforcement against illegal lending cases in Indonesia, by reviewing the effectiveness of regulations that have been implemented, challenges in policy implementation, and strategies that can be adopted to improve legal protection for victims of illegal loans. The method used in this study is a literature study with a systematic literature review (SLR) approach, in which various academic sources, policy reports, and laws and regulations are analyzed to understand trends and challenges in law enforcement against illegal loans. The results of the study show that despite various policies and law enforcement measures, the existence of illegal online loans is still difficult to eradicate comprehensively. Some of the factors that hinder the effectiveness of law enforcement are regulatory gaps, low public financial literacy, and weak international cooperation in eradicating illegal platforms that operate across borders. Therefore, a more comprehensive strategy is needed, including increased coordination between institutions, the application of more sophisticated technology in tracking perpetrators, and public education to increase awareness of the risks of illegal online loans.
Reconstruction of Constitutional Law to Realize Democracy with Integrity Rizky Firmansyah
Journal of Law and Humanity Studies Vol. 1 No. 1 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/4y0f0n96

Abstract

The integrity of democracy is fundamentally dependent on the legal frameworks governing constitutional law. This study examines the reconstruction of constitutional law to ensure a democracy with integrity through a qualitative methodology, employing literature review (library research) to analyze legal principles, judicial independence, electoral integrity, and governance transparency. The study reviews ten scholarly articles from Google Scholar (2019-2024) to identify the key trends and challenges in democratic governance. Findings reveal that democratic backsliding, political corruption, and digital disinformation pose significant threats to modern democracies. Weak constitutional safeguards and political manipulation of legal institutions further exacerbate democratic erosion, as observed in several countries experiencing governance crises. The study highlights the necessity of strengthening constitutional mechanisms to ensure judicial independence, enforce electoral laws, and combat political corruption. Additionally, the role of digital governance in shaping democratic integrity is increasingly relevant, necessitating constitutional provisions that regulate digital misinformation while protecting freedom of expression. The research underscores that constitutional law must evolve dynamically to address emerging challenges while maintaining stability and democratic accountability. The study concludes that effective legal reforms require strong institutional frameworks, public participation, and international cooperation to safeguard democratic principles. Future research should explore comparative analyses between democratic systems, empirical case studies on constitutional reform implementation, and digital governance's role in election integrity. These insights contribute to ongoing discussions on the role of constitutional law in reinforcing democratic resilience against modern threats.  
Optimizing the Role of Election Institutions in the Implementation of Fair Regional Elections Rasyida Rofiatunnisa
Journal of Law and Humanity Studies Vol. 1 No. 1 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/rrk6k950

Abstract

The role of electoral institutions in ensuring fair and just regional elections (Pilkada) is crucial in strengthening democracy. This study aims to optimize the function of electoral institutions in organizing equitable regional elections in Indonesia. Using a qualitative research approach with literature review and library research methods, this study examines various regulations, academic discussions, and best practices related to electoral governance. The research findings indicate that challenges such as political intervention, weak law enforcement, and lack of transparency hinder the effectiveness of electoral institutions in ensuring fairness. Strengthening institutional independence, improving regulatory frameworks, and enhancing monitoring mechanisms are essential to achieving an equitable electoral process. This study also highlights the importance of public participation and collaboration between stakeholders, including civil society organizations and independent election monitors, to enhance electoral integrity. Furthermore, the implementation of technology-based solutions, such as e-voting and real-time monitoring, is recommended to increase efficiency and accountability in election management. The results suggest that an optimized electoral institution plays a pivotal role in promoting a fair democratic process by ensuring impartiality, preventing electoral fraud, and enhancing voter trust. Ultimately, this study contributes to the discourse on democratic governance by proposing strategic recommendations to refine the performance of electoral institutions in organizing just and credible regional elections.
The Crime of Genocide and its Implications in Law Number 39 of 1999 Concerning Human Rights Mohd. Yusuf Daeng M; Dodi Ripo Saputra; Mulian Dony; Hanipah Siregar; Rezki Imelda
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/tgcmjf63

Abstract

Genocide crimes are often associated with crimes against humanity, but when examined more closely, genocide crimes differ from crimes against humanity. Genocide crimes target groups such as nations, races, ethnicities, or religions, whereas crimes against humanity are directed at citizens and civilians. Additionally, genocide crimes can annihilate part or all of a group, whereas crimes against humanity do not have such specifications or conditions. The demands for resolving human rights violation cases led to the creation of Law Number 39 of 1999 concerning Human Rights, followed by Law Number 26 of 2000 concerning Human Rights Courts, which aims to address various human rights violation issues, particularly serious human rights violations. Article 7 of the Human Rights Court Law states that genocide crimes are severe human rights violations due to actions such as killing, causing severe suffering, extermination, coercion by groups, and forcibly transferring children from one group to another. Thus, this human rights court law explicitly threatens the perpetrators. The method used is normative legal research. Based on the research results, it is known that Genocide Crimes and Their Implications in Law Number 39 of 1999 concerning Human Rights show that genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law Number 39 of 1999 concerning Human Rights does not specifically and in detail regulate genocide crimes and their elements. This results in a lack of a strong and comprehensive legal framework to prosecute genocide perpetrators and provide justice and legal certainty for victims. Law Number 26 of 2000 concerning Human Rights Courts in Indonesia is considered inadequate to handle serious human rights violations. Several weaknesses identified include procedural law still referring to the Criminal Procedure Code (KUHAP), which complicates the proof process, and ambiguities in applying regulations due to the incomplete "elements of crimes" stipulated. This results in a lack of effectiveness in prosecuting serious crimes like genocide, which are often triggered by ethnic, religious, and racial factors. The prohibition of genocide crimes is regulated through international and national laws. However, resolving serious human rights violations within the Indonesian criminal justice system based on Law Number 26 of 2000 has not succeeded in creating legal certainty and justice for the victims of violations in East Timor
Legal Paradigms in Addressing Social Polarization on Social Media Aldian Yusup
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/grykjw81

Abstract

This research aims to explore the legal paradigm in overcoming social polarization that is increasingly sharp on social media. This polarization is exacerbated by digital platform algorithms that reinforce "echo chambers" and the spread of certain interest-based content, including disinformation and hate speech. This phenomenon triggers ideological segregation and social conflicts that threaten the stability of society and democracy. The study uses a qualitative method with a literature study approach, analyzing journal articles, books, and policy documents from the last five years (2018–2023) that are relevant to law and social media. The data collection technique is carried out through a systematic document review, while data analysis uses a thematic approach to map the main patterns and concepts related to legal regulations and digital platforms. The findings of the study show that an adaptive and inclusivity-based legal paradigm is needed to overcome the challenges of social polarization. Regulations should include algorithmic transparency, content moderation, and human rights protections without sacrificing freedom of speech. In addition, collaboration between the government, social media platforms, and the public is needed to create a healthy digital space. This research makes a significant contribution to the development of legal and technological literature and offers policy recommendations that can be applied practically to reduce the impact of social polarization in the digital era.
Company Laws Ii India: Comparative Analysis of Companies Act 1956 and Companies Act 2013 Anil Kapoor; Diksha; D.P. Verma
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/hktc0v13

Abstract

The concept of a company act was inspired by the English Companies Act of 1844. The Joint Stock Companies Act, India's first company legislation, was enacted in 1850. This Act was succeeded by the Joint Stock Companies Act of 1857, which introduced the notion of limited liability in India for the first time. The concept of a company act was inspired by the English Companies Act of 1844. The Joint Stock Companies Act, India's first company legislation, was enacted in 1850. This Act was succeeded by the Joint Stock Companies Act of 1857, which established limited liability for the first time in India. The corporate sector in India is diversified, and the law, like a living creature, governs the corporate sector of any economy. On the one hand, it is made up of multinational corporations, but it also comprises a large number of small and medium-sized businesses that fuel growth and inject dynamism into the sector. This intriguing patchwork of Corporate India has contributed significantly to India's economic growth. In this study, the researcher attempted to focus on several aspects of company law. For this objective, the researcher collected data from primary and secondary sources.
The Role of the Pancasila Student Profile Strengthening Project in Building Unity and Social Character in SMPN 9 Surabaya Students Adi Suryanto; Pandu Rudy Widyatama
Journal of Law and Humanity Studies Vol. 2 No. 1 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/5jh4gq21

Abstract

This study aims to analyze the role of the Pancasila Student Profile Strengthening Project (P5) in building unity and social character in SMPN 9 Surabaya students. This project is designed to introduce and internalize the values of Pancasila, which include cooperation, cooperation, and appreciation for diversity, among students. This study uses a descriptive qualitative approach, with data collection through observation, interviews, and documentation. The results of the study show that the Pancasila Student Profile Strengthening Project (P5) has succeeded in strengthening students' social character, improving their ability to work together in groups, and strengthening social bonds between students. Activities such as making processed food, beverages, and eco-print batik provide opportunities for students to develop practical skills while increasing a sense of unity and sociality. Data obtained from observations and interviews revealed that students felt closer to their peers and were more able to cooperate after participating in this activity. However, challenges such as time and resource limitations are still obstacles in the implementation of this project. Therefore, it is recommended to improve training for teachers, involve parents and the community, and conduct periodic evaluations of the implementation of the program to ensure its effectiveness. Further research is needed to explore solutions to existing challenges. 
Termination of Employment (PHK) and its Impact on Workers Rino Dedi Aringga; Agung Arafat Saputra; M. Amin El Walad Meuraksa Meuraksa
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/q2yfhy93

Abstract

Termination of Employment (dismissal) is one of the policies that can be implemented by companies as a last resort to address various issues, such as performance decline, operational efficiency, or financial difficulties. However, the implementation of dismissal must comply with the procedures stipulated in the Labor Law to ensure fairness for employees and avoid potential legal claims. This article discusses the dismissal procedures in accordance with labor regulations, the social and economic impacts of dismissal on employees, as well as the implications for communities affected by increased unemployment and economic instability. This study also examines solutions that can be implemented by companies to minimize the negative impacts of dismissals

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