International Journal of Humanities, Law, and Politics
International Journal of Humanities, Law, and Politics is an official journal of the Communication in Research and Publications (CRP) and publishes original research papers that cover the theory, practice, history, or methodology of Humanities, Law, and Politics (HLP). IJHLP will act as a platform to encourage further research in Humanities, Law, and Politics theory and applications. The globalization in the humanities sector has had the impact of changing values and attitudes, development of science and technology, and a better standard of living. The globalization of law has caused the regulations of developing countries regarding investment, trade, services and other economic fields to approach those of developed countries. The globalization in the political field is marked by the inclusion of democratic values in many countries, which is accompanied by the growing political awareness of the people. To deal with the influence of globalization in the fields of humanities, law and politics, research must be carried out to filter out every influence of globalization, whether it is in accordance with customs or not. The mission of the International Journal of Humanities, Law, and Politics (IJHLP) is to enhance the dissemination of knowledge across all disciplines in theory, practice, history, or methodology of Humanities, Law, and Politics. The above discipline is not exhaustive, and papers representing any other social science field will be considered. The IJHLP particularly encourage manuscripts that discuss the latest research findings or contemporary research that can be used directly or indirectly in addressing critical issues and sharing of advanced knowledge and best practices in Humanities, Law, and Politics. The essential but not exclusive, audiences are academicians, graduate students, researchers, policy-makers, regulators, practitioners, and others interested in business, management, economics, and social development studies. For ensuring a wide range of audiences, this journal accepts only the articles in English. The scope of humanities is: Theology, Philosophy, Law, History, Philology, Languages, Literature, Arts, and other relevant matters. The scope of law is: Civil Law, Criminal Law, Constitutional Law, Administrative Law, Human Rights Law, Family Law, Taxation, Corporate law, and other relevant matters. The scope of political science is: Political Theory, History of the Development of Political Ideas, Constitution, National Government, Regional and Local Government, Economic and Social Functions of Government, Comparison of Political Institutions, Political Parties, Groups and Associations, Citizen Participation in Government and Administration, Public Opinion, International Politics, International Organization and Administration, International Law, and other relevant matters.
Articles
60 Documents
Child Drug Abuse: Factors, Judicial Process, and Legal Protection
Sidiq, Fahmi;
binti Abdullah Suhaimi, nurnisaa;
prabowo, agung
International Journal of Humanities, Law, and Politics Vol. 1 No. 4 (2023): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v1i4.70
Drug abuse among children is a serious issue that requires special attention. This article discusses the factors that influence children from engaging in drug abuse, the judicial proceedings against them, and the legal protections provided. The research method used is a normative legal research method with a qualitative approach. The results showed that peer factors, personality, psychiatric conditions, family, and the availability of narcotics in the market play an important role in narcotics abuse. The juvenile justice process for drug abusers goes through several stages, including investigation, prosecution, trial, and formation at the Special Child Development Institute. Legal protection for children is regulated in the Child Protection Law and the Juvenile Criminal Justice System Law. The adverse effects of the formal criminal justice process are also discussed, including trauma, stigma, and exclusion from school. Diversion programs are an important alternative to protect children from the negative consequences of the formal criminal justice process.
Constitutional Values, Legal Politics, and Political Stability: A Comparative Analysis in the Post-Authoritarian Context of Indonesia
Pirdaus, Dede Irman;
Chayandari, Rini;
Salih, Yasir
International Journal of Humanities, Law, and Politics Vol. 1 No. 4 (2023): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v1i4.71
This paper explores the intricate relationship between constitutional values of equality and justice and their impact on political stability, with a specific focus on Indonesia's post-authoritarian context. Constitutional ideals, while crucial, face challenges in translating into tangible outcomes due to implementation gaps and entrenchment of inequalities. The study employs a comparative analysis of national constitutions, examining cases where provisions of justice and equality either succeeded or failed to foster stable political environments. Pathways linking constitutional equality to political stability are scrutinized, emphasizing both procedural and substantive dimensions. The research employs political stability indicators to unravel the nuanced relationship between constitutional principles and governance outcomes. In the context of Indonesia, the paper delves into the complexities of legal politics during the transition from the New Order to reformasi democracy. The post-authoritarian landscape witnessed struggles for freedom of expression and human rights enforcement, reflecting the challenges of aligning legal frameworks with democratic principles. The analysis considers the uneven progress in rule of law reforms, navigating the legacies of patrimonialism and oligarchic influence
Analysis of Criminal Policy against Perpetrators of Terrorism Crimes: Perspectives on the Death Penalty and Human Rights in Indonesia
Prabowo, Agung;
Amal, Moh Alfi;
Pirdaus, Dede Irman
International Journal of Humanities, Law, and Politics Vol. 1 No. 4 (2023): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v1i4.73
The extent of the terrorist network in Indonesia threatens the threat and integrity of the Republic of Indonesia, manifested in broad trends, organization and systematic networks. Terrorist attacks are increasingly brutal, targeting innocent civilians. The threat is increasingly complex with increasing radicalization and online recruitment, requiring comprehensive action, including cooperation with government agencies, security forces, intelligence, and civil society, as well as a comprehensive approach involving intelligence, community participation, and addressing the root causes of radicalization to eradicate terrorist networks . Eradicating criminal acts of terrorism is a serious challenge for the Indonesian government, with one of the complicated aspects being the implementation of the death penalty against perpetrators of terrorism. This article analyzes Indonesian criminal policy, explains the method of punishment, the Human Rights (HAM) perspective, and critical views on the death penalty. In conclusion, it is important to strike a balance between efforts to enforce the death law and the desire for the principles of human rights and justice in the context of eradicating terrorism. Continuous evaluation of the application of the death law and open dialogue involving various parties are the keys to reaching an agreement that upholds humanitarian values and justice in efforts to overcome criminal acts of terrorism in Indonesia.
Coping Strategies for Work-Family Conflict among Working Housewives in Cipatujah Village, Tasikmalaya Regency, Indonesia
Kalfin;
andrian, riza;
Hadiaty, siti
International Journal of Humanities, Law, and Politics Vol. 1 No. 4 (2023): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v1i4.78
This research addresses the escalating phenomenon of working mothers in Indonesia, particularly in Cipatujah Village, Tasikmalaya Regency. With nearly 30 percent of married women engaged in employment, the study focuses on the work-family conflict experienced by these working housewives and aims to uncover their coping strategies. The literature review emphasizes the scarcity of research on coping efforts from the perspective of working women, particularly in developing country contexts like Indonesia. Using a qualitative approach, the study explores the experiences of six working homemakers managing dual roles through observation, interviews, and document analysis. The findings reveal diverse types of work-family conflict, including time-based, strain-based, and behavior-based conflicts. The coping strategies employed by these housewives vary, encompassing problem-focused coping, emotion-focused coping, and a combination of both. This research contributes to the existing literature by providing nuanced insights into the challenges faced by working housewives in a specific rural context. The variations in coping strategies underscore the importance of recognizing individual differences and the complexity of work and family contexts. The study advocates for tailored support systems and policies, considering cultural values and grassroots-level experiences. In conclusion, this research contributes to a comprehensive understanding of coping mechanisms for work-family conflict among working mothers in Indonesia, offering valuable implications for policymakers and future research endeavors.
The Influence of Accountability, Transparency and Community Participation on the Effectiveness of Cibungur Tasikmalaya Village Fund Management
Cahyandari, Rini;
Ibrahim, Riza Andrian;
Yuningsih, Siti Hadiaty
International Journal of Humanities, Law, and Politics Vol. 2 No. 2 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i2.81
This research investigates the influence of accountability, transparency, and community participation on the effectiveness of village fund management. This research was conducted in Cibungur, Parungponteng Subdistrict, Tasikmalaya Regency, the study adopts a quantitative approach, employing an associational research design with a sample of 100 households. Through multiple linear regression, the analysis reveals significant insights. The results indicate that accountability, transparency, and community participation individually and collectively impact the effectiveness of village fund management. Accountability exhibits a positive influence (t-value = 2.787, p-value = 0.001), as does transparency (t-value = 3.444, p-value = 0.001), while community participation also demonstrates a significant effect (t-value = -3.099, p-value = 0.003). The coefficient of determination (R²) indicates that 62.5% of the variance in village fund management effectiveness can be explained by these variables.The F-test reinforces the joint influence of transparency, accountability, and community participation, with a significant F-value of 53.392 and a p-value of 0.001. This study underscores the intricate dynamics between governance principles and community involvement for optimal village fund utilization, contributing to sustainable development and community welfare. Thus, this research not only fills knowledge gaps, but also provides a holistic view of efforts towards sustainable development and community welfare through optimizing village fund management.
Implications of Changes in the Criminal Procedure Law of the ITE Law on Individual Rights in the Indonesian Legal System
Sidiq, Fahmi;
Azahra, Astrid Sulistya;
Pirdaus, Dede Irman
International Journal of Humanities, Law, and Politics Vol. 2 No. 2 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i2.82
The revision of the Electronic Information and Transactions Law (UU ITE) in Indonesia has become a hot topic of debate. Institutions and activists such as the Institute for Criminal Justice Reform (ICJR) and the Press Legal Aid Institute (LBH Pers) have presented various arguments regarding the impact of these changes. This article outlines the five main arguments advanced by the ICJR and LBH Pers. First, there is an objection to Article 27 paragraph (3) which regulates insults and defamation. Second, changes in criminal procedural law raise concerns about the discretionary authority of law enforcement officials without involving the courts. Third, the addition of cyberbullying-related crimes raises concerns about the potential for over-criminalization. Fourth, governments are given additional powers to filter and block content, which can result in potential abuse. Finally, the fifth argument relates to the "right to be forgotten" clause which can be used as a tool of censorship against news publications and journalists about one's past. This article also examines the impact of information technology developments on computer crime and underscores the importance of protecting individual rights and free speech in the digital age.
Regional Autonomy in the Context of the Unitary State of Indonesia: Evaluation of Household Systems, Measurement Parameters, and the Rationality of Decentralization
Fadiah;
suhaimi, nurnisaa;
Laksito, Grida Saktian
International Journal of Humanities, Law, and Politics Vol. 2 No. 1 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i1.83
Regional autonomy in the context of the unitary state of Indonesia is a phenomenon based on constitutional foundations, especially Article 18 paragraph (1) of the 1945 Constitution. This discussion examines the regional household system, parameters for measuring regional autonomy, as well as the rationality and arguments supporting decentralization. The regional household system, consisting of material, formal and real, raises considerations regarding the granting of autonomous rights to regions. The measurement parameters involve authority quotas, supervision systems, methods for selecting regional heads, and the process of making regional regulations, but further clarification is needed. The rationality of regional autonomy includes efficiency, political education instruments, strengthening political stability, political equality, preparation for political careers, and accuracy of development planning. Arguments supporting decentralization highlight the prevention of accumulation of power, popular participation, government efficiency, adaptation to regional specificities, and direct assistance for development. Strengthening regional autonomy requires regulatory capabilities, adjustments to national regulations, local political support, financial resources, and human resource development. This research reflects efforts to understand, evaluate and strengthen regional autonomy systems to support regional development and national stability.
Violation of the Code of Ethics for Constitutional Judges in the Constitutional Court's Decision on Requirements for Presidential and Vice Presidential Candidates
Pirdaus, Dede Irman;
Sidiq, Fahmi;
Rusyn, Volodymyr
International Journal of Humanities, Law, and Politics Vol. 2 No. 1 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i1.84
As a country based on legal principles, Indonesia has a responsibility to respect and prioritize the principles of the rule of law, including independence and the absence of partiality in the judicial system. The level of success in implementing this principle can be measured by the extent to which the judiciary is independent in carrying it out to realize justice based on the law. However, the power of the Constitutional Court (MK) cannot be avoided from criticism and evaluation. For example, a Constitutional Court decision attracted public attention regarding the requirements for presidential and vice presidential candidates. Therefore, this article discusses the impact of the controversy that emerged after the decision of the Constitutional Court (MK) in Case Number 90/PUU-XXI/2023 on January 4 2023. This decision, which includes the cancellation of part of Law Number 7 of 2017, has raised various criticisms and doubts about the independence of the Constitutional Court. By focusing on the role of Chief Justice of the Constitutional Court Anwar Usman in minority opinions, this article analyzes the examination carried out by the Honorary Council of Constitutional Court Judges (MKMK) regarding alleged ethical violations. The implications for the credibility of the Constitutional Court as a democratic oversight institution are a major concern in this context.
Reactualizing Indonesia's Legal System: A Comprehensive Critique and Proposals for Reform
Vimelia, Willen;
Aglia, Arla;
Prabowo, Agung
International Journal of Humanities, Law, and Politics Vol. 2 No. 2 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i2.85
This text provides a comprehensive critique of the legal system and law enforcement in Indonesia, addressing challenges and proposing solutions. It discusses issues such as formalism, case backlog, and the need for innovation in judicial decision-making. The analysis emphasizes the importance of reactualizing the legal system, integrating local laws into the national framework, and implementing institutional reforms for law enforcement agencies. Additionally, the text advocates for empowering society through increased access to government functioning and legal awareness. The role of bureaucracy in development and challenges posed by political and constitutional phenomena are explored. The article outlines four key problems requiring attention: legal system reactualization, institutional restructuring, community empowerment, and bureaucratic empowerment. Ultimately, the analysis calls for a paradigm shift in legal philosophy and proposes improvements across various facets of Indonesia's legal system and law enforcement.
Analysis of Public Policy and Criminal Law in The Perspective of Consumer Protection for Online Loan Users in Indonesia
Kalfin;
Vimelia, Willen;
Haq, Fadiah Hasna Nadiatul
International Journal of Humanities, Law, and Politics Vol. 2 No. 2 (2024): International Journal of Humanities, Law, and Politics
Publisher : Communication in Research and Publications (CRP)
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DOI: 10.46336/ijhlp.v2i2.86
The development of online loan services or pinjol in Indonesia raises new problems in consumer protection. Many cases of fraud and misuse of customer personal data are very concerning. The government has not had specific regulations regarding online loans. The existing regulations are merely appeals and suggestions for fintech pinjol to conduct business responsibly. In fact, stricter regulatory and enforcement steps are needed to address the increasing violations that harm consumers. This study aims to analyze public policies and criminal law in the perspective of protecting pinjol consumers in Indonesia. This research uses a normative legal approach with statute and conceptual approaches. The results are expected to provide recommendations for more effective legal protection for online lending consumers in Indonesia, as well as enriching academic literature on fintech and digital consumer protection. The conclusion is that firmer public policy and criminal law provisions are needed to protect consumer rights in using online loan services which currently have weak legal protection.