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Rule of Law Studies Journal
Published by CV. Dyoqu Management and Publishing
ISSN : -     EISSN : 31093450     DOI : https://doi.org/10.64780/rolsj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Rule of Law Studies [e-ISSN: 3109-3450] is a peer-reviewed scientific journal dedicated to publishing original research articles, literature reviews, and conceptual papers in the field of law and public policy. The scope of the journal includes studies on the principles of the rule of law, the judicial system, human rights, legal reform, legal philosophy, constitutional law, criminal law, civil law, as well as the interrelationship of law with social, political and cultural issues. Rule of Law Studies aims to be a scientific forum for academics, researchers, policy makers, and legal practitioners to exchange critical thoughts and research results that can strengthen theoretical understanding and application of the principles of the rule of law in various national and international contexts, especially in developing and multicultural countries such as Indonesia. The journal is published quarterly or four times a year (March, June, September and December) and accepts manuscripts written in English. All submitted manuscripts will go through a rigorous peer-review process to ensure academic quality, relevance and originality.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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The Impact of Co-residence with Parents on Marital Satisfaction: Evidence from Indonesian Muslim Households Okta Yutami; Erina Pane; Marwin Marwin
Rule of Law Studies Journal Vol. 1 No. 1 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i1.29

Abstract

Background: In Indonesian Muslim communities, it is common for married couples to live with their parents or in-laws due to cultural traditions and economic factors. While this arrangement may provide support, it can also affect the quality of the marital relationship, especially in terms of privacy and emotional independence. Aims: This study aims to explore the impact of co-residence with parents or in-laws on marital satisfaction and compare it to couples who live independently in a rural Muslim setting. Methods: A qualitative field study was conducted in Pekon Rawas, Pesisir Barat, Indonesia. In-depth interviews were held with 20 Muslim couples—10 co-residing with parents or in-laws, and 10 living separately. Data were analyzed thematically to identify patterns related to relationship harmony, autonomy, and family involvement. Results: Couples who lived independently reported higher marital satisfaction, citing better emotional connection, greater privacy, and autonomy in decision-making. In contrast, co-residing couples experienced more tension due to frequent interference from parents or in-laws. Despite the challenges, no cases of marital separation were found. Conclusion: Living arrangements play a crucial role in shaping marital dynamics. Independent living tends to promote greater harmony and autonomy, while co-residence may pose risks to marital privacy and satisfaction. These findings offer insights for family counselors and policymakers working with traditional Muslim households.
Recognizing Indigenous Legal Standing in Forest Administration: Advancing Sustainable Management of Customary Forests in Indonesia Annisa Indah Nuari
Rule of Law Studies Journal Vol. 1 No. 1 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i1.32

Abstract

Background: Although the Constitutional Court of Indonesia ruled in Decision No. 35/PUU-X/2012 that customary forests are no longer categorized as state forests, the absence of a specific law recognizing indigenous legal status continues to create legal ambiguity. This regulatory gap weakens the legal protection of indigenous peoples and affects the sustainability of forest management practices rooted in traditional knowledge and land stewardship. Aims: This study seeks to explore two key objectives: first, to evaluate the necessity of passing the Indigenous Peoples Bill as a legislative instrument to secure indigenous forest rights; second, to investigate the significance of indigenous community engagement in promoting long-term, sustainable management of customary forests. Methods: Using a doctrinal legal research approach, the study is guided by the sociological jurisprudence framework and Arnstein’s Ladder of Citizen Participation theory. The analysis incorporates qualitative case references from multiple regions across Indonesia, including Java, Kalimantan, Sumatra, Sulawesi, and Papua, offering a diverse perspective on customary forest governance. Result: The research highlights ongoing inconsistencies in the legal framework that restrict indigenous authority over ancestral forests. In many regions, participation by indigenous communities remains limited to consultative levels, failing to reach the stages of power-sharing or partnership. Regions with greater community involvement tend to exhibit stronger outcomes in forest preservation and ecological balance. Conclusion: There is an urgent need for formal legal recognition of indigenous peoples through the ratification of the Indigenous Peoples Bill. Strengthening indigenous participation and legal empowerment is essential to ensuring justice, environmental resilience, and the harmonization of customary practices with national forest governance policies.
Legal Pluralism and Indigenous Rights: The Case of the Indigenous Forest People of Jambi, Indonesia Robi Awaludin; Zuhraini Zuhraini; Nurnazli Nurnazli
Rule of Law Studies Journal Vol. 1 No. 1 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i1.33

Abstract

Background:Numerous indigenous groups in Indonesia, including the Orang Rimba (Suku Anak Dalam) in Jambi Province, experience challenges in asserting their traditional land rights. The expansion of government and private land use frequently triggers conflicts, highlighting a gap between customary practices and formal legal systems. Aims: This research explores the legal protection afforded to the Orang Rimba, with a focus on how their customary laws interact with Indonesia’s national legislation. It also aims to assess whether these indigenous rights receive effective legal acknowledgment and protection. Methods: Using a qualitative descriptive method, the study applies normative legal analysis and incorporates field-based case observations. Data were obtained through the examination of relevant legal documents, statutory regulations, and localized field insights from affected communities. Result: Results indicate that although Indonesia recognizes indigenous law in principle, its application remains inconsistent. The Orang Rimba often find their land rights excluded from formal legal decisions, resulting in continuous marginalization. State-centric legal mechanisms still dominate, with little room for the integration of customary systems. Conclusion: This case reflects a critical need for reinforcing indigenous legal recognition in Indonesia. Integrating customary law into the broader legal structure is vital to ensuring justice and safeguarding the rights of traditional communities facing land tenure insecurity.
A Legal Review of Standardized Loan Contracts in Cooperatives: Case Study from the District Court of Kediri Rokhmatun Hanifah; Adi Sulistiyono; Pranoto Pranoto
Rule of Law Studies Journal Vol. 1 No. 1 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i1.36

Abstract

Background: Standardized loan agreements are commonly used in cooperatives, but often raise concerns about fairness due to the unequal bargaining position of borrowers. When such contracts are imposed unilaterally, they may contradict principles of consumer protection and contract justice. Aims: This study examines the legal validity of standardized clauses in cooperative loan agreements and evaluates whether such contracts comply with the principle of balance. It also reviews a relevant court decision from the District Court of Kediri. Methods: The research adopts a normative juridical method using statutory, conceptual, and case-based approaches. Legal data were analyzed through deductive reasoning supported by Indonesian civil law, consumer protection law, and cooperative regulations. Result: Findings show that the clauses in question did not qualify as prohibited exoneration clauses under the Consumer Protection Law. The cooperative’s contract fulfilled the formal legal requirements under the Civil Code, and the court upheld its validity, despite the standard nature of the terms. Conclusion: Standard loan agreements in cooperatives are generally considered valid by Indonesian courts, provided they meet formal legal standards. However, to ensure fairness, legal safeguards and better regulatory oversight are needed to protect weaker parties in such contractual relationships.
Legal Justice for Revenge Porn Victims: Rethinking Indonesia's Cyber Law from a Victim-Centered Perspective Nabila Ayuningtyas; Subekti Subekti; Rehnalemken Ginting; Supanto Supanto
Rule of Law Studies Journal Vol. 1 No. 1 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i1.37

Abstract

Background: The dissemination of intimate content without consent, commonly known as revenge porn, has emerged as a serious form of cybersexual violence in the digital era. The perpetrators often use social media platforms to spread such content as a form of retaliation. This issue poses significant psychological, emotional, and social harm to victims, exacerbated by the lack of specific legal safeguards in Indonesia. Aims: This study seeks to explore the urgency of legal protection for individuals affected by revenge porn and assess the extent to which current Indonesian legislation provides such protection. Methods: Using a normative-empirical legal research method with both descriptive and futuristic approaches, this study collected data through literature analysis and interviews with law enforcement and victim support organizations. The data were analyzed through qualitative interpretation. Result: The study found that legal mechanisms to support victims of revenge porn are still highly inadequate. Existing laws, such as the Pornography Law and the Electronic Information and Transactions Law, lack specific provisions and may even criminalize the victims. Although institutions like the Witness and Victim Protection Agency (LPSK) exist, access to protection is limited and dependent on formal requests. Additionally, personal data protection remains underregulated. Conclusion: There is a pressing need for a more inclusive legal framework that offers specific protection for victims of digital sexual violence. The development and enactment of new legal instruments, such as the Sexual Violence Eradication Bill and the Personal Data Protection Bill, are essential to ensure justice and restore dignity for those affected by revenge porn.
Navigating Legal Complexities: An Empirical Exploration of Minority Shareholders’ Rights in Indonesia’s Corporate Governance Framework Muhammad Hafid Adhi Nugraha; Albertus Sentot Sudarwanto; Hari Purwadi; Puijono Puijono
Rule of Law Studies Journal Vol. 1 No. 2 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i2.63

Abstract

Background: In the context of limited liability companies in Indonesia, minority shareholders often encounter structural disadvantages due to the dominance of majority shareholders. Despite having derivative rights as a legal safeguard, exercising these rights in practice remains a complex challenge. Aims: This research explores the alignment between legal norms and actual practices related to derivative actions initiated by minority shareholders. It focuses on uncovering the systemic barriers they face and proposing pathways for improving legal implementation. Method: The study uses an empirical legal research approach. Data were obtained through interviews with minority shareholders in three companies, supported by doctrinal analysis of statutory provisions and legal theories on protection and effectiveness. Result: The findings indicate three main obstacles: limited financial capacity to initiate lawsuits, political dynamics within shareholder meetings, and insufficient understanding of legal procedures. These issues hinder access to justice and weaken the intended function of minority protection under company law. Conclusion: Although the legal framework in Indonesia recognizes derivative rights, its application remains far from effective. Achieving fairness requires procedural reform, stronger institutional support, and better legal literacy among minority shareholders
Normative Review of Legal Authority and Certainty in Land Tax Determination Based on NJOP in Indonesia Abdullah Jamaludin; Hari Purwadi; Isharyanto Isharyanto
Rule of Law Studies Journal Vol. 1 No. 2 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i2.66

Abstract

Background:Disparities in land taxation frequently emerge in Indonesia, triggered by differing valuation practices between local fiscal authorities and national tax offices. The application of NJOP as the tax base often clashes with actual sale values, generating uncertainty in legal interpretation. Aims:This paper investigates the extent of legal authority held by local governments in imposing taxes on land transactions using NJOP as a benchmark. It also explores the implications for legal clarity and the rights of taxpayers amid conflicting institutional assessments. Method:Utilizing a normative legal framework, this study engages in statutory and conceptual analysis. Data were obtained from statutory regulations and scholarly sources to examine the alignment of valuation practices with principles of fairness, legal authority, and taxpayers’ protection under Indonesian tax law. Result:The analysis uncovers overlapping mandates between regional and central agencies, leading to ambiguity in land value assessment. While NJOP is recognized in law, its rigid application without reference to actual transaction prices can erode the fairness of taxation and compromise legal assurance. The lack of unified regulatory standards exacerbates confusion for both taxpayers and institutions. Conclusion:A coherent legal structure is essential to synchronize valuation principles in land taxation. Establishing clearer institutional boundaries and reaffirming legal certainty are vital steps to ensure equitable tax enforcement in property transactions. dministrasi negara.
The Transformation of Judicial Supervision: Tracing the Legacy of Qadhi al-Qudhah in Shaping Indonesia’s Modern Judicial Commission Diah Kusuma; Irwantoni Irwantoni; Eti Karini
Rule of Law Studies Journal Vol. 1 No. 2 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i2.67

Abstract

Background: The practice of judicial oversight plays a central role in maintaining the credibility of a legal system. In Indonesia, this function has evolved through institutional reforms and bears conceptual resemblance to historical Islamic governance, particularly the role of Qadhi al-Qudhah. Aims: This study explores how Indonesia’s Judicial Commission functions in overseeing judges, and examines to what extent its authority aligns with or departs from the supervisory principles embedded in Fiqh Siyasah. The comparison aims to deepen understanding of ethical control in both classical and contemporary contexts. Method: The research applies a doctrinal legal method grounded in literature review. Primary sources include Indonesian statutory laws and Islamic jurisprudential texts, analyzed through comparative interpretation to reveal thematic convergence and divergence between the two systems. Result: The study finds that while both the Judicial Commission and Qadhi al-Qudhah serve to uphold ethical standards among judges, their scope of action differs markedly. The Commission’s external nature and advisory status limit its effectiveness compared to the integrated and authoritative position held by Qadhi al-Qudhah within Islamic governance. Conclusion: Despite structural differences, the core mission of ensuring justice and judicial integrity unites both models. Adopting foundational values from Islamic political jurisprudence may enrich Indonesia’s current oversight system, reinforcing its legitimacy and moral grounding.
Islamic Legal Perspective on the Enforcement of Public Order in Bandar Lampung Regional Regulation on Urban Conduct Gusti Rahman; Nurnazli Nurnazli; Eko Hidayat
Rule of Law Studies Journal Vol. 1 No. 2 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i2.68

Abstract

Background: Local regulations on urban conduct are designed to uphold order and public welfare in Indonesian cities. In Bandar Lampung, however, the practical application of such regulations reveals persistent enforcement gaps. Aims: This research seeks to evaluate how effectively public order norms are implemented by municipal authorities in Bandar Lampung and to explore the compatibility of these enforcement practices with Islamic legal doctrines. Method: The study uses a qualitative fieldwork approach involving interviews with civil enforcement officers, observations of regulatory practices, and analysis of local policy documents. It draws on the Islamic legal framework, particularly the concepts of executive authority (Sulṭah Tanfiẓiyyah) and moral oversight (Sulṭah Muraqabah), to contextualize the findings. Result: The results indicate a disconnect between legal mandates and on-the-ground enforcement. While regulations exist, their implementation tends to be informal, lacking firm action or systemic follow-up. Resource limitations and public unawareness further complicate consistent enforcement. Conclusion: The study underscores the need for institutional strengthening and civic education to foster a culture of compliance. Embedding Islamic legal ethics into enforcement practices may also contribute to more balanced and morally grounded public order governance.
Contextualizing Community Health Practices within Islamic Legal Norms and Government Regulation: A Field-Based Inquiry from Rural Indonesia Andika Wanda; Alamsyah Alamsyah; Eti Karini
Rule of Law Studies Journal Vol. 1 No. 2 (2025): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v1i2.69

Abstract

Background: In remote regions of Indonesia, public health centers remain essential yet frequently struggle with service delivery challenges. Islamic legal traditions, which emphasize the protection of life and well-being, offer a complementary framework to evaluate such services alongside state-mandated regulations. Aims: This paper explores how healthcare services at the Negara Ratu Health Center comply with Indonesia’s Ministerial Regulation No. 75/2014 and investigates whether those services align with the ethical imperatives of Islamic jurisprudence. Method: Employing a qualitative case study approach, data were gathered through interviews, field observations, and documentation analysis. Participants included both healthcare providers and patients. The findings were interpreted through thematic analysis, guided by legal and religious benchmarks. Result: The study found that core aspects of the service—such as reliability and responsiveness—met regulatory expectations. However, gaps remain in areas like comfort, clarity of communication, and continuity of care. Islamic legal assessment affirmed that the services generally reflect the principles of maqashid al-shariah, especially in promoting human dignity and safeguarding health. Conclusion: Bridging state health policy with Islamic ethical values contributes to a more inclusive framework for public healthcare improvement. Targeted efforts to enhance patient satisfaction and system responsiveness are crucial in ensuring both legal compliance and moral accountability.

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