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International Journal of Social Welfare and Family Law
Published by Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia
ISSN : 30474841     EISSN : 30477727     DOI : https://doi.org/10.62951/ijsw.v2i3
Core Subject : Social,
Social Sciences
International Journal of Social Welfare and Family Law [e-ISSN : 3047-7727, p-ISSN : 3047-4841] is an open access Journal published by the APPISI (Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia). This journal accepts manuscripts based on empirical research results, new scientific literature review, and comments/ criticism of scientific papers published by International Journal of Social Welfare and Family Law. This journal is a means of publication and a place to share research and development work in the field of Social Welfare and Family Law. Articles published in International Journal of Social Welfare and Family Law are processed fully online. Submitted articles will go through peer review by a qualified international Reviewers. Complete information for article submission and other instructions are available in each issue. International Journal of Social Welfare and Family Law publishes 4 (four) issues a year in January, April, July and October, however articles that have been declared accepted will be queued in the In-Press issue before published in the determined time
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 69 Documents
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The Role of Law in Dealing Psychological Conflict Due to Breakup Erni Susanty Tahir; Puput Mulyono
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.547

Abstract

Breakups often trigger psychological conflict ranging from stress, anxiety, depression, to risky behavior that have an impact on individual well-being and the social environment. This study explores the role of law in preventing, responding to, and recovering such psychological impacts through an interdisciplinary approach. The methodology used is a normative-juridical study combined with a literature review of clinical psychology and mental health policy. The findings show that the legal framework can function on three levels: (1) preventive, through the guarantee of the right to mental health, digital literacy, and platform governance to prevent post-breakup online harassment; (2) protective, through victim protection mechanisms against psychological violence, stalking, doxing, and the dissemination of non-consensual intimate content; and (3) curative, with a referral scheme for counseling services, the provision of legal aid, data confidentiality guarantees, and restorative justice instruments centered on victim recovery. However, there are implementation gaps, including the lack of standardization of psychological assessments in the legal process, limited access to services at the grassroots level, and coordination between institutions that are not optimal. This article recommends the integration of mental health protocols in the law enforcement process, evidentiary guidelines for psychological violence, as well as cross-sectoral collaboration with psychological service providers and digital platforms. The main contribution of this study is the mapping of a comprehensive legal intervention framework for post-breakup psychological conflicts.
Analysis of Border Crossing Inspection in Immigration Law at Class I Immigration Checkpoint Tanjung Perak Surabaya Raden Satrio Wibowo; Siti Marwiyah; Wahyu Prawesthi
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.552

Abstract

This research examines law enforcement against immigration violations and the factors influencing the effectiveness of border crossing inspection at the Immigration Checkpoint (TPI) of Tanjung Perak, Surabaya. Immigration inspection plays a vital role in safeguarding national sovereignty and monitoring cross-border human movement. Using a normative juridical approach with statutory and conceptual approaches, the findings demonstrate that enforcement procedures include document verification, identification of violations, administrative actions, and deportation in accordance with Law Number 6 of 2011 concerning Immigration. Common violations found include misuse of stay permits, travel document forgery, unauthorized border crossers, and illegal activities by foreign nationals beyond visa provisions. However, implementation still faces challenges such as limited human resources, inadequate infrastructure, and weak inter-agency coordination. Several factors affect the effectiveness of inspections, including personnel quality, technological support, legal frameworks, infrastructure capacity, traveler volume, inter-agency cooperation, political and international relations factors, socio-cultural dynamics, financial and logistical support, as well as internal supervision and accountability systems. The research concludes that institutional capacity building, policy integration, regulatory harmonization, and strengthened internal supervision are essential to ensure optimal immigration control at TPI Tanjung Perak in facing global challenges.
The Role of Police Investigators in Implementing Restorative Justice for Children Involved in Narcotics Crimes Hoirul Rohman; Irawan Soerodjo; Dudik Sjaja Sidarta
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.553

Abstract

The handling of children involved in narcotics crimes requires a restorative approach focused on rehabilitation rather than punishment. This study aims to examine the role of police investigators in applying restorative justice to child offenders in narcotics cases and to identify the obstacles encountered in its implementation. This research employs a normative legal research method with statutory and conceptual approaches. Primary legal materials include Law Number 11 of 2012 on the Juvenile Criminal Justice System, Law Number 35 of 2009 on Narcotics, and Chief of Police Regulation Number 8 of 2021. The findings show that investigators play a strategic role in facilitating diversion, including conducting initial assessments, facilitating diversion deliberations, and coordinating with supporting institutions such as the Correctional Center (Bapas), National Narcotics Agency (BNN), and Social Services. However, implementation remains suboptimal due to internal constraints, including inadequate training and understanding among investigators, limited facilities such as child-friendly rooms and mediation spaces, regulatory disharmony between the Juvenile Criminal Justice System Law and the Narcotics Law, weak inter-agency coordination, and lack of support from families and communities. Post-diversion monitoring is also ineffective. This study concludes that strengthening investigator capacity through specialized training, improving legal frameworks through regulatory harmonization, and enhancing inter-agency collaboration are essential to ensure restorative justice truly serves the best interests of children.
Juridical Analysis of Criminal Sanctions in Handling Cases of Sexual Abuse Crimes Committed by Teachers: A Study of Court Decision Number 1649/Pid.Sus/2020/PN.Mks Eko Budi Santoso; M. Syahrul Borman; Nur Handayati
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.554

Abstract

This research aims to analyze the application of material criminal law against perpetrators of sexual abuse crimes against children and examine the judge's considerations in sentencing in cases of sexual abuse against children committed by teachers. The study focuses on Court Decision Number 1649/Pid.Sus/2020/PN.Mks, where a Quran teacher was convicted of committing sexual abuse against several of his students. This normative legal research employs statutory and case approaches, analyzing primary legal materials including the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, and the aforementioned court decision. The findings indicate that the application of material criminal law in this case has been in accordance with Article 82 paragraph (1), jo Article 76E of the Child Protection Law, where all elements of the crime were proven fulfilled. However, the judge's consideration in sentencing raises critical concerns regarding the application of aggravating factors. Under Article 82 paragraph (4) of the Child Protection Law, when sexual abuse is committed by educators, the punishment should be increased by one-third. The court sentenced the defendant to 6 years and 6 months imprisonment and a fine of Rp. 60,000,000, whereas according to the applicable law with aggravating factors, the sentence should have been 8 years and 8 months imprisonment. The study also identifies obstacles in handling such cases, including children's difficulty in revealing traumatic events, victims' fear and shame, limited witnesses, threats from perpetrators, and inadequate resources. The research recommends consistent application of sentence enhancement for perpetrators who are educators, improved inter-agency cooperation in handling child victims, enhanced school security measures, and comprehensive legal protection for child victims throughout the judicial process.  
Granting Restitution Rights for Victims of Human Trafficking: Legal Protection and Immigration Prevention Efforts in Indonesia Fajri Dirgantara; Yoyok Ucuk; Subekti Subekti
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.555

Abstract

Human trafficking constitutes a transnational crime that inflicts physical, psychological, and economic suffering upon its victims. This research aims to analyze the fulfillment of restitution rights for victims of human trafficking and examine preventive efforts from the immigration perspective. According to Law Number 21 of 2007 concerning the Eradication of Human Trafficking, every victim has the right to restitution as compensation for losses suffered. However, implementation in practice still encounters numerous obstacles, including weak law enforcement, limited understanding among law enforcement officers, and insufficient technical regulations. This normative legal research employs statutory and conceptual approaches to examine primary legal materials, including Law Number 21 of 2007, Law Number 6 of 2011 on Immigration, and various implementing regulations. The findings indicate that legal protection for victims of human trafficking has not been optimal, with challenges including difficulties in proving immaterial losses, dual procedural systems between the Human Trafficking Law and Criminal Procedure Code, and weak coordination among law enforcement agencies. The Witness and Victim Protection Agency (LPSK) often cannot guarantee restitution payments as determined by judges. From the immigration perspective, the Directorate General of Immigration plays a strategic role in preventing human trafficking through travel document control, implementation of the Integrated Border Control Management (IBCM) system, education for prospective migrant workers, and cross-sectoral collaboration. However, challenges persist, including complex and evolving modus operandi, limited resources in remote border areas, and inter-agency coordination obstacles. The study concludes that synergy between institutions and improvements in education and regulation are required to ensure victims' restitution rights are fulfilled effectively.  
Legal Protection for Child Victims of Pedophilia Crimes from a Criminal Law Perspective Budi Prayitno; M. Syahrul Borman; Duduik Djaja Sidarta
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.556

Abstract

Children constitute a vulnerable group requiring protection from sexual crimes, including pedophilia. This research aims to examine criminal law provisions protecting child victims of pedophilia crimes in Indonesia and identify obstacles in their implementation. Using a normative juridical method with statutory and conceptual approaches, the findings demonstrate that legal protection is comprehensively regulated through the Criminal Code (KUHP), the Child Protection Law (Law Number 35 of 2014), Law Number 17 of 2016, and the Electronic Information and Transactions Law (ITE). These regulations provide a strong legal basis both in terms of principal criminal sanctions and additional sanctions such as chemical castration, electronic monitoring device installation, and perpetrator identity disclosure. The regulations also emphasize victims' rights to medical and psychological rehabilitation as well as identity protection. However, implementation faces several obstacles, including low case reporting rates due to stigma and taboo culture, evidentiary difficulties arising from victim trauma, weak inter-agency coordination, limited resources, and the emergence of digital pedophilia modi. Efforts to address these obstacles include strengthening law enforcement capacity, providing child-friendly justice systems, comprehensive rehabilitation services, public legal education, and synergy between government and non-government institutions in child protection.
Legal Protection for Children Born from Unregistered Marriage (Nikah Siri) in Indonesia: An Analysis of Constitutional Court Decision No. 46/PUU-VIII/2010 Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.557

Abstract

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.
The Use of Crypto Assets as Marriage Dowry Under The Compilation of Islamic Law and Indonesian Marriage Law Bintang Ulya Kharisma
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.558

Abstract

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.
Teaching Strategies and the Quality of Science Education for Upper Grade Elementary School Students Atri Yuni; Elpisah Elpisah; Rego Devila; Suarlin Suarlin
International Journal of Social Welfare and Family Law Vol. 3 No. 1 (2026): January: International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v3i1.571

Abstract

This study aims to analyze teachers' teaching strategies in improving the quality of science learning for upper grade students (IV, V, and VI) at the SD Inpres Perumnas II Makassar. The results show that teachers implement various strategies including selecting approaches that suit students' needs, using a variety of learning methods, actively involving students in learning activities, utilizing media that support conceptual understanding, and implementing continuous evaluation to assess learning success. All of these strategies complement each other and help create more engaging, understandable, and relevant science learning for students. Research findings also revealed that the choice of teaching strategy is influenced by several important factors: student characteristics, the characteristics of the science material being taught, the availability of learning media and facilities, the learning environment, and the desired learning objectives. These five factors serve as the basis for teachers to determine the most appropriate strategy, ensuring a more effective, focused learning process that enhances students' understanding of the material. Furthermore, this study identified several challenges teachers face in implementing science teaching strategies, such as diverse student abilities, time constraints, a lack of supporting media and facilities, sub-conducive classroom conditions, and uneven student motivation. These challenges require teachers to be creative and adapt strategies to ensure learning objectives are achieved and the quality of science instruction continues to improve.

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