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ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by LP3M Institut KH Yazid Karimullah
ISSN : 2962889X     EISSN : 29628903     DOI : 10.59246
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research articles, original research report, reviews social studies. The journal is highly receptive to new research patterns and methods. The following articles will be issued for publication: political sciences, social, law, and humanities, etc.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 385 Documents
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Disharmoni Putusan Pengadilan Hubungan Industrial dan Mahkamah Agung dalam Perselisihan Hak Pasca Undang-Undang Cipta Kerja Angel Evelin Saragih Sitio; Iwan Erar Joesoef; Atik Winanti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/44eqjp39

Abstract

The disharmony of judicial decisions between the Industrial Relations Court and the Supreme Court in resolving rights disputes following the enactment of the Job Creation Law reflects inconsistencies in legal application, which may lead to legal uncertainty for workers. This study aims to analyze the factors causing such disharmony and to examine its implications for the principle of legal certainty in the settlement of industrial relations disputes. This research employs a normative legal method using statutory and case approaches, focusing on a comparative analysis of decisions issued by the Industrial Relations Court and the Supreme Court in rights dispute cases. The findings indicate that the disharmony of decisions is primarily caused by differences in judicial interpretation of legal norms after the Job Creation Law, inconsistencies in the application of legal principles, and the absence of standardized interpretative guidelines. These conditions weaken legal certainty and potentially disadvantage workers as the more vulnerable party in industrial relations. This study proposes a harmonization framework through strengthening legal interpretation guidelines and ensuring consistency in applying the principle of legal certainty as a means to achieve uniformity in resolving rights disputes. Therefore, this research is expected to contribute both theoretically and practically to the development of labor law in Indonesia.
Childfree dalam Keluarga Muslim : Analisis Maqasid Syariah di Kota Pekanbaru Muhammad Zirzis Zein; Fauzi Ardian
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/yp5bxh94

Abstract

This study aims to analyze the phenomenon of childfree within Muslim families in Pekanbaru City from the perspective of maqasid al-shari‘ah. This research employs a qualitative method with a case study approach, utilizing interviews, observations, and documentation involving five informants selected through purposive sampling. The findings reveal that the decision to remain childfree is influenced by mental readiness, economic conditions, and social considerations, and is made through mutual agreement between spouses in a conscious manner. From the perspective of maqasid al-shari‘ah, having offspring is an important objective of marriage; however, childfree falls within the domain of ijtihadiyah and can be understood through the concept of maslahah mursalah. As long as it is based on public benefit, such as the protection of life and wealth, this decision can be considered permissible (mubah). Therefore, the childfree phenomenon is not entirely contradictory to the objectives of Islamic law, provided it is grounded in rational considerations and public benefit.
Rekonstruksi Tanggung Jawab Negara dalam Perlindungan Hak Asasi Manusia dalam Perspektif Hukum Tata Negara Modern Adhelia Puteri Maharani; Eko Handoyo
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/kd3gnn28

Abstract

This study examines the state’s responsibility in protecting human rights based on Article 28I paragraph (4) of the 1945 Constitution of the Republic of Indonesia and Article 71 of Law Number 39 of 1999. The research is motivated by the gap between normative guarantees and their implementation in practice. The objective of this study is to analyze the normative framework of state obligations and assess their effectiveness in ensuring human rights protection. This research employs a normative legal method with statute and conceptual approaches, using primary and secondary legal materials analyzed qualitatively. The findings indicate that although Indonesia has a strong constitutional and legal foundation, the implementation of state responsibility remains suboptimal, particularly in institutional effectiveness, law enforcement, and victim protection. The study highlights the need for strengthening institutional coordination, improving accountability, and ensuring comprehensive remedies for victims. The implications suggest that human rights protection must be realized not only at the normative level but also through consistent and effective implementation in practice.
Perlindungan Hukum Pekerja Kontrak dalam Perspektif Asas Proporsionalitas dalam Hukum Ketenagakerjaan Atmari Atmari; Sudjai Sudjai
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/hrqb2b70

Abstract

The development of employment relations in Indonesia shows an increasing tendency toward flexibility through the use of Fixed-Term Employment Agreements (PKWT) or contract workers. On the one hand, this policy supports business needs in creating efficiency and labor market adaptability; on the other hand, it raises serious concerns regarding legal protection for workers who are in a weaker bargaining position. This study aims to analyze the regulation of legal protection for contract workers within the Indonesian labor law system, examine its conformity with the principle of proportionality, and formulate a more equitable legal reconstruction. This research employs a normative legal research method (doctrinal legal research) using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively through prescriptive legal reasoning. The findings indicate that the regulation of PKWT in Indonesia is still predominantly oriented toward economic flexibility, and therefore has not fully reflected the principle of balance embedded in proportionality. This condition results in the weak bargaining position of contract workers and suboptimal legal protection. Accordingly, this study proposes a legal reconstruction based on the principle of proportionality through the limitation of PKWT, strengthening workers’ rights, and improving labor supervision mechanisms. The implications of this study are expected to contribute theoretically to the development of a more equitable labor law system and provide policy direction for legislators in strengthening worker protection in Indonesia.
Rekonstruksi Kebijakan Pengupahan Berbasis Keadilan Distributif: Telaah Normatif terhadap Perlindungan Pekerja Berupah Rendah Atmari Atmari; Sudjai Sudjai; M Sifa Yulianis
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/bvf3nv39

Abstract

Wages constitute an essential instrument for worker protection and a mechanism for the distribution of welfare within industrial relations. However, wage policies in Indonesia remain largely oriented toward compliance with minimum wage standards and the pursuit of economic stability, thereby failing to fully ensure justice for low-wage workers. This study aims to analyze the normative construction of wage policy within the Indonesian labor law system, examine its limitations from the perspective of distributive justice, and formulate a reconstruction of a more equitable wage policy framework. This research employs a normative legal method using both the statute approach and the conceptual approach. Legal materials were analyzed qualitatively through a prescriptive method to develop legal arguments and policy recommendations. The findings reveal that the existing wage system is still dominated by a formalistic paradigm that regards compliance with minimum wage regulations as the primary indicator of worker protection. Such an approach has not adequately addressed the welfare concerns of low-wage workers and does not fully reflect the principles of distributive justice. Therefore, a reconstruction of wage policy is required through strengthening the orientation toward a living wage, integrating welfare indicators into wage formulation, providing affirmative protection for low-wage workers, and enhancing worker participation in policy-making processes. Such reconstruction is expected to promote a wage system that is more equitable, substantive, and welfare-oriented.
Pertanggungjawaban Pidana terhadap Penyalahgunaan Artificial Intelligence dalam Penyebaran Konten Deepfake Melalui Media Digital Eyrina Indah Kurniawan; Vhartsya Amanda Zaen
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/tkk7e109

Abstract

The development of Artificial Intelligence (AI) technology has created new challenges in the field of cybercrime, particularly through the dissemination of deepfake content via digital media. Deepfake technology enables the manipulation of images, audio, and videos that appear authentic and are increasingly used for unlawful purposes such as digital fraud, defamation, misinformation, and identity manipulation. This study aims to analyze criminal liability for the misuse of Artificial Intelligence in the distribution of deepfake content through digital media in Indonesia. The research employs a normative juridical method with statutory, conceptual, and case approaches. Data were collected through library research using primary and secondary legal materials related to cybercrime, electronic information, and data protection. The results indicate that criminal liability for deepfake misuse can be imposed through provisions in the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law. However, the absence of specific regulations concerning AI and deepfake technology creates challenges in legal enforcement, particularly in digital evidence examination and offender identification.
Perbandingan Regulasi Penanaman Modal Indonesia dan Singapura Fadhlan Dwi Juliardi Albana; Zulfikri Toguan; Rahmansyah Siregar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 1 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/8wpxg222

Abstract

Foreign investment is a crucial factor in driving economic growth because it provides not only capital but also technology, skills, and access to global markets. This study aims to compare investment regulations in Indonesia and Singapore and to analyze the factors that support and hinder the flow of foreign direct investment (FDI). The method used in this study is a normative approach with a comparative legal analysis, drawing from legal documents, legislation, bilateral agreements, and academic literature from 2020 to 2026. Data were analyzed using qualitative descriptive methods to evaluate differences in regulations, licensing procedures, legal protections, and compliance with international standards. The results indicate that Singapore holds a significant advantage over Indonesia in terms of legal certainty, transparency of licensing procedures, and regulatory openness, making it more attractive to foreign investors On the other hand, Indonesia still faces challenges in the form of complex bureaucracy, regulatory inconsistencies, and restrictions in several strategic sectors. These factors significantly affect investor interest and competitiveness at the regional level. This study recommends that Indonesia simplify investment procedures, harmonize national regulations, and strengthen legal protections including the implementation of bilateral P4M agreements to enhance the appeal of foreign investment in the region.
Problematika Perkawinan Dini dalam Sistem Hukum Keluarga Islam di Indonesia Nurmilasari; Kurniati; Musyfikah Ilyas
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/6t9pmr28

Abstract

The novelty of this study lies in its comprehensive analysis of early marriage practices within the Islamic family law system in Indonesia through the maqāṣid al-syarī‘ah approach. This research does not merely discuss the causal factors and impacts of early marriage, but also examines the gap between positive legal norms, social realities, and religious understanding within society. Unlike previous studies that generally focus only on social aspects or legal regulations, this study integrates the perspectives of Islamic law and positive law in assessing early marriage practices in a more contextual and multidimensional manner. Furthermore, this study offers a contextual reinterpretation of Islamic law through the maqāṣid al-syarī‘ah approach by emphasizing that maturity in marriage should not be measured solely from a biological perspective, but must also include psychological, social, educational, and economic readiness. This research also positions child protection, gender justice, and societal welfare as the primary objectives in addressing early marriage practices. Another novelty of this research lies in its proposal to strengthen the mechanism of marriage dispensation granted by judges through stricter approval requirements, including considerations of psychological readiness, health conditions, educational continuity, and the social circumstances of the child. In addition, this study emphasizes the importance of implementing legal sanctions against violations of the minimum marriage age regulation as a form of preventive child protection. Therefore, this research contributes not only theoretically to the development of Islamic family law, but also practically by offering solutions for controlling early marriage practices in Indonesia.
Kekerasan Aparat terhadap Mahasiswa dalam Perspektif Pelanggaran HAM dan Kegagalan Pedagogis Kritis di Indonesia Izzatul Afifah; Eko Handoyo
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/zn387a10

Abstract

Violence against student demonstrations in Indonesia continues to become a serious issue in the development of democracy and human rights protection. This study aims to analyze forms of state violence against students from the perspective of human rights violations and critical pedagogy failure. The study uses a qualitative-descriptive approach through literature review methods by examining legal documents, human rights reports, journal articles, and contemporary cases related to student demonstrations in Indonesia. The findings indicate that excessive use of force by security forces, arbitrary arrests, intimidation, and restrictions on freedom of expression reflect systemic violations of civil rights guaranteed by national and international law. Cases during the #ReformasiDikorupsi movement, the rejection of the Criminal Code Bill, and demonstrations against the revision of the TNI Law show the persistence of repressive state practices toward student movements. In the perspective of Paulo Freire’s critical pedagogy, violence against students demonstrates the failure of democratic education because students are treated as objects of control rather than critical subjects in public discourse. This condition weakens academic freedom, narrows democratic spaces, and creates fear within academic environments. The study concludes that violence against student movements is not merely a legal issue but also a structural crisis in democratic education and human rights protection in Indonesia.
Efektivitas Penegakan Hukum Pasar Modal terhadap Pelaku Fraud Investasi Rahmansyah Siregar; Zulfikri Toguan; Fadhlan Dwi Juliardi Albana
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 1 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/b8f85g73

Abstract

This study was prompted by the increase in investment activity in the Indonesian stock market, which has been accompanied by the emergence of various types of investment fraud, such as market manipulation, insider trading, the dissemination of false information, and online fraud. The objectives of this study are to assess the effectiveness of law enforcement against investment fraud in the Indonesian stock market, identify existing problems in its implementation, and formulate ways to strengthen legal protection for investors. The method used is normative legal research with an approach to applicable laws, concepts, and existing cases. Legal data is analyzed qualitatively using a descriptive-prescriptive method. The results of the study indicate that Indonesia already has a solid legal foundation through the Capital Market Law and the authority of the OJK, but its implementation is not yet fully effective. Key challenges include the weak deterrent effect of sanctions, the difficulty of proving violations in the stock market, an insufficient response to digital fraud, and the need for alignment between capital market laws and electronic transaction regulations. Strengthening supervision, digital evidence, and mechanisms to recover investors’ losses are crucial steps to enhance legal protection in the Indonesian stock market.

Page 35 of 39 | Total Record : 385

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