cover
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
Application of Restorative Justice in Cases of Domestic and Child Violence Fatin Hamamah
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: 10.59613/023vkr65

Abstract

Restorative justice (RJ) is an alternative approach to resolving criminal cases that focuses on victim recovery, perpetrator rehabilitation, and community reintegration. In the context of domestic and child violence, this approach offers the potential for a more inclusive and sustainable resolution compared to traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue at hand is whether RJ can provide adequate justice without reducing legal protection for victims. This study offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia, where RJ laws and policies are still developing. The purpose of the study is to identify the challenges and opportunities for implementing RJ in these cases and to evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators. This study uses a qualitative method with case studies on several cases of domestic and child violence resolved through RJ in various regions. The findings indicate that RJ can be effective in facilitating victim recovery, but its implementation requires a strong support structure, including professional counselors and clear legal protection. The conclusion of this study confirms that RJ has great potential in resolving domestic violence cases, but its implementation must be carried out carefully to ensure justice and protection for victims. The implication is that this study encourages policy makers to design a more comprehensive and inclusive RJ framework in handling domestic violence.
Transformation of National Law Towards a Just Democratic State Sudaryat; Hamdiyah; Marco Orias
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/xbfbde43

Abstract

The transformation of national law is a strategic process in realizing a just and democratic state. This article aims to analyze the dynamics of legal reform in aligning national legal systems with the principles of democracy and social justice. Using a qualitative approach and library research method, this study examines various regulations, legal doctrines, and previous research related to the development of national law. The findings indicate that legal transformation involves not only normative changes in legislation but also institutional reform, public participation in the legislative process, and the strengthening of the rule of law. However, structural challenges such as legal dualism, regulatory overlap, and weak law enforcement remain significant obstacles to achieving substantive justice. Therefore, legal reform must be grounded in constitutional values, human rights, and public aspirations as the foundational elements in building a democratic and just rule of law state.
The Position of Election Law in Ensuring Regional Political Justice and Stability Arga Mahawira Pradipta
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/vfzg8f05

Abstract

Elections are a fundamental pillar of democracy, ensuring fair political representation and stability at both national and regional levels. However, challenges such as electoral fraud, weak law enforcement, and political interference continue to undermine electoral justice, particularly in decentralized governance structures. This study examines the position of election law in ensuring regional political justice and stability by analyzing Indonesia's legal framework, institutional mechanisms, and electoral dispute resolution processes. Using a qualitative research method with a literature study approach (library research), this study reviews constitutional provisions, electoral laws, and previous scholarly findings to assess the effectiveness of election regulations in preventing fraud, ensuring fairness, and maintaining democratic stability. The findings highlight that while Indonesia has a strong legal foundation for elections, weaknesses persist in law enforcement, electoral dispute resolution, and the independence of election management bodies. The role of Komisi Pemilihan Umum (KPU), Badan Pengawas Pemilu (Bawaslu), and Dewan Kehormatan Penyelenggara Pemilu (DKPP) remains crucial in maintaining electoral integrity, yet political interference and resource constraints often limit their effectiveness. Additionally, unresolved electoral disputes contribute to political tensions, governance deadlock, and loss of public trust in democracy. The study concludes that strengthening electoral law enforcement, enhancing institutional independence, and updating regulations for digital election practices are essential steps toward improving electoral justice and stability. Future research should explore comparative legal analyses, digital election security, and the effectiveness of legal sanctions in reducing electoral fraud. By addressing these issues, electoral governance can be improved to sustain regional democratic stability and public confidence in electoral systems.
Legal Study of Telemedicine Implementation at XYZ Clinic in South Jakarta Based on the Perspective of Law 17 of 2023 concerning Health Antonius Dewanto Purnomo
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/z5n8d627

Abstract

Telemedicine, as a form of innovation in the healthcare sector, has emerged as an important alternative in providing wider access to medical services. However, the implementation of telemedicine at the practical level still faces various obstacles, including immature regulations, inadequate infrastructure, and limited public awareness and acceptance. XYZ Clinic was chosen because it is located in the dense urban center of South Jakarta so that it can describe a complex urban environment. XYZ Clinic has also implemented telemedicine services. This research studies telemedicine from the perspective of health law, especially Law No. 17 of 2023, where telemedicine involves various aspects including patient data privacy and security, medical practice licensing, medical liability, and regulations related to telemedicine practice. The research method used is Empirical Research using field observations. The researcher makes direct observations of the process or interaction between individuals and the legal system in real and real situations. For example, observation of the object being studied to understand how Telemedicine Implementation at XYZ Clinic in South Jakarta. The conclusion of the Juridical Study of the Implementation of Telemedicine at XYZ Clinic in South Jakarta Based on the Perspective of Law 17 of 2023 concerning Health, shows that the implementation of telemedicine at XYZ Clinic has been in accordance with applicable legal provisions, especially Law No. 17 of 2023 concerning Health. With the right measures in maintaining data privacy, ensuring medical practice licensing, and managing legal risks, XYZ Clinic can provide safe, effective, and compliant telemedicine services.
Challenges and Implications in the Context of Law and Citizenship Identity in Indonesia Siti Maizul Habibah
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: 10.59613/9318cg81

Abstract

The practice of dual citizenship poses a variety of complex challenges for the individuals and countries involved. From an individual perspective, dual citizenship can lead to identity conflicts, legal uncertainty, and administrative difficulties. Instead, the country faces challenges in establishing proper legal jurisdiction, promoting effective international cooperation, and maintaining national security. Indonesia, for example, adopted a strict approach to dual citizenship by insisting that citizens should choose only one citizenship. While there are some exceptions, this approach reflects efforts to maintain state sovereignty and reduce potential legal and identity conflicts. In facing these challenges, it is important to pay attention to individual rights, maintain national security, and promote international cooperation.
The Role of Constitutional Law in Environmental Protection: Government Obligations and Legal Frameworks for Sustainable Development Rahmad Satria
Journal of Law and Humanity Studies Vol. 2 No. 2 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/tcjtbe65

Abstract

This article explores the critical role of constitutional law in environmental protection, emphasizing the obligations of governments and the legal frameworks necessary for sustainable development. Utilizing a qualitative approach through extensive literature review, the study examines various constitutional provisions across different jurisdictions that enshrine environmental rights and responsibilities. It highlights how these legal frameworks serve as foundational instruments for promoting environmental sustainability and ensuring government accountability in environmental governance. The findings reveal that constitutional law not only provides a basis for environmental protection but also empowers citizens to hold their governments accountable for environmental degradation. Furthermore, the article discusses the interplay between constitutional law and international environmental agreements, illustrating how domestic legal frameworks can align with global sustainability goals. By analyzing case studies and existing literature, this research underscores the importance of integrating environmental considerations into constitutional law to foster a more sustainable future. The study concludes with recommendations for policymakers to enhance constitutional provisions related to environmental protection, ensuring that governments fulfill their obligations towards sustainable development. This research contributes to the ongoing discourse on the intersection of law and environmental sustainability, advocating for stronger legal frameworks that prioritize ecological integrity within constitutional mandates.
Limitations and Scope of the Government's Role in Law Number 1 of 2024 concerning Electronic Information and Transactions Simanjuntak, Jimmy
Journal of Law and Humanity Studies Vol. 2 No. 2 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/3k5fqk05

Abstract

The government has an important role in maintaining digital space. This certainly cannot be denied by anyone regarding the role of the government in supervising the actions of the community. However, the community must also be active in supervising the role of the government in digital media. This action is part of the participation of the community and government in managing digital space based on applicable national laws. The government in carrying out supervision is prohibited from limiting the space for community freedom in digital space. The government's authority in digital space must be supervised as it should be, so that threats to public order are maintained. Telematics law in Indonesia with its development continues to increase government authority in digital space so that through this, the community must create boundaries regarding government efforts in enforcing the law and government actions that exceed the limits of its authority in digital space.
Items Wrongfully Seized in Corruption Cases Tirtakusuma, Andreas Eno
Journal of Law and Humanity Studies Vol. 2 No. 2 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/yy455119

Abstract

This paper examines the legal mechanism for third parties to file objections to the wrongful seizure of items, focusing on the applicability of Supreme Court Regulation (PERMA) No. 2 of 2022. The approaches used include legislative, case-based, and conceptual approaches. The Djoko Susilo case serves as a concrete example, where the defendant's family filed an objection to the seizure of assets that were not proceeds of a crime. PERMA No. 2 of 2022 provides a procedure for filing objections in an orderly, swift, and cost-free manner, while avoiding overlap between civil and administrative jurisdictions. However, the success of the objection is heavily dependent on proving the "good faith" of the third party, a concept that in practice is often subject to multiple interpretations and prone to misuse. This PERMA has unified legal interpretations, provided legal certainty, and strengthened the protection of ownership rights of third parties not involved in criminal activities, although the element of "good faith" remains a crucial point in determining whether the objection request will be granted by the judge. This concept needs to be clarified normatively to prevent legal ambiguity and ensure the principle of substantive justice in criminal law enforcement, particularly in corruption cases involving property.

Page 2 of 2 | Total Record : 18