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Jurnal Hukum dan Sosial Politik
Published by International Forum of Researchers and Lecturers
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject :
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
Arjuna Subject : -
Articles 268 Documents
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Pancasila Sebagai Pandangan Hidup Bangsa: Analisis Kritis Atas Tantangan Identitas dan Moral di Era Digital Nur Kholifah; Ikhsan Syaiful; Fadhiela Abhista; M.Sigit; Aulia Melani
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5756

Abstract

The digital era has significantly transformed the way Indonesian society communicates, accesses information, and builds social interactions. These rapid changes have created new challenges for strengthening the values of Pancasila, especially as digital platforms increasingly become spaces where misinformation, hate speech, intolerance, and extreme polarization emerge. This study examines the relevance of Pancasila in guiding ethical behavior within the digital environment and highlights the strategic role of young people as key actors in maintaining national identity and moral integrity. Using a descriptive qualitative approach and literature analysis, the study finds that Pancasila remains highly relevant in addressing technological, social, and cultural disruptions. The values of divinity, humanity, unity, democracy, and social justice are essential for promoting responsible digital citizenship, fostering tolerance, encouraging critical thinking, and strengthening social cohesion. The study concludes that strengthening Pancasila-based digital ethics requires collaboration among the government, educational institutions, digital platforms, and society to ensure that digital transformation aligns with national moral foundations.
Pengaruh Alih Fungsi Tanah Ulayat Menjadi Kawasan Wisata terhadap Lingkungan di Kenagarian Tarantang Febrian Maulana; Muhammad Syukri Azhari; Pamelda Ariska; Dewi Puspasari; Ariffa Mutri Muslimah; Livhia Putri Hardiyanti; Eirene Yosephine Rintonga; Yoskar Kadarisman; Dian Kurnia Anggreta; Mardhatillah Mardhatillah
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5757

Abstract

Communal land in Kenagarian Tarantang has undergone conversion into tourism areas, bringing impacts on local environmental conditions. This study aims to explain the forms of communal land conversion into tourist areas, environmental conditions after conversion, and its impact on the environment in Kenagarian Tarantang. The research employed a quantitative associative approach involving 50 respondents randomly selected from 789 households. Data were collected through questionnaires, field observations, and interviews, then analyzed using simple regression analysis. The results showed that communal land conversion occurred intensively for homestay construction and tourism facilities with a total score of 1121 in the good category. Environmental conditions were generally well-controlled with a score of 983 in the very good category, although there were impacts such as reduced vegetation and decreased water quality. Regression analysis confirmed a significant influence between communal land conversion and environmental conditions at 18.49 percent with a significance value of 0.002. Community participation in maintaining the cleanliness of tourism areas was very good, however, stricter government supervision, reforestation programs, and adequate waste management are needed to prevent ecosystem degradation in the future.
Kontra-Radikalisasi Berbasis Media Sosial sebagai Instrumen Pencegahan Terorisme : Analisis Hukum terhadap Penguatan Instrumen dan Struktur BNPT Nur Raima Hafizhah; Rildo Anuar Sihite; Slamet Tri Wahyudi
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5762

Abstract

The increasingly massive development of social media has been exploited by terrorist groups as a strategic tool to spread propaganda, violent ideology, and radicalism to the wider community, especially the younger generation. This situation demands an effective counter-radicalization strategy that adapts to the dynamics of the digital space. This study aims to analyze the strengthening of legal instruments and the role and institutional structure of the National Counterterrorism Agency (BNPT) in implementing social media-based counter-radicalization policies. The research method used is a normative juridical approach with a legislative approach and a conceptual approach, through a review of laws and regulations, legal doctrine, and policies related to counter-terrorism in Indonesia. The results show that the normative legal basis for BNPT's authority to carry out counter-radicalization is already available, particularly in the Law on the Eradication of Criminal Acts of Terrorism. However, its implementation still faces various obstacles, including weak derivative regulations specifically governing the supervision and counter-measures of digital radicalism, limited inter-agency coordination, and suboptimal evaluation of data- and technology-based policies. Therefore, this study recommends strengthening derivative regulations, increasing the digital capacity of BNPT, and developing a more integrated coordination and evaluation system.
Rekonstruksi Maqasid Al-Syariah dalam Pemikiran Hukum Islam Kontemporer: (Upaya Mewujudkan Keadilan Bagi Perempuan di Era Modern) Nurwihda Ramadani; Sakina Sakina; Putri Abelia Z; Kurniati Kurniati
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5767

Abstract

Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.
Perbandingan Kewenangan Antara Badan Otorita Ibu Kota Nusantara dengan Badan Otorita Labuan Bajo dalam Penyelenggaraan Pemerintahan Indonesia llham Al Barkah
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5807

Abstract

This study aims to determine and analyze the comparison of authority and characteristics between the Nusantara Capital Authority and the Labuan Bajo Authority in the administration of the Indonesian government. The type of research used in the research on the comparison of the authority of the Nusantara Capital Authority Authority and the Labuan Bajo Authority in the Implementation of Indonesian Government is still the same as the initial research proposal, namely using the type of normative law research (normative law research) which is carried out by examining library materials or secondary data. Comparison of the authority between the Nusantara Capital Authority and the Labuan Bajo Authority, namely the authority of the Nusantara Capital Authority (IKN) is regulated in Law Number 3 of 2022 concerning the National Capital and further regulated through Government Regulation Number 27 of 2023 concerning the Special Authority of the Nusantara Capital, namely special authority related to granting investment licenses, ease of doing business, and providing special facilities to parties that support the implementation of the Indonesian Government, as well as the provision of special facilities to parties that support financing in the context of preparation, construction, and relocation of the National Capital, as well as the development of the Archipelago Capital and partner regions and authority in government affairs, while the authority of the Labuan Bajo Authority Agency
Tinjauan Hukum tentang Penghapusan Buku Nikah di Kantor Wilayah Kementerian Agama Provinsi Papua Siti Sahya Rauf; Zulfadli Zulfadli; Sugimin Sugimin
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5809

Abstract

This study discusses the status of marriage books as legal and administrative documents, as well as the mechanism for their disposal as State-Owned Goods (BMN) at the Regional Office of the Ministry of Religious Affairs in Papua Province. The marriage book serves as valid evidence of marriage and plays an important role in population data management. As a document printed using the state budget (APBN), the marriage book is classified as BMN, and its management must comply with regulations. A qualitative approach with an empirical juridical method is used to examine the relationship between legal regulations and their implementation practices. Data were collected through interviews, observations, and literature studies with officials from the Islamic Guidance Division of the Ministry of Religious Affairs in Papua. The results indicate that the disposal of marriage books follows the Directorate General of Islamic Guidance Circular Letter No. 5 of 2024 and Ministry of Finance Regulation No. 83/PMK.06/2016. The disposal process is carried out in stages through administrative and physical mechanisms with principles of accountability and transparency. However, in Papua, the process of collecting unused marriage books has not yet reached the physical disposal stage. The disposal of marriage books is a strategic step in realizing good governance.
Analisa Hukum Penerapan Restorative Justice dalam Tindak Pidana Kecelakaan Lalu Lintas di Tahap Penyidikan Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5814

Abstract

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.
Analisis Peran Partai Golkar Kota Serang dalam Penyusunan dan Pengawalan Perda Penyelenggaraan Usaha Kepariwisataan melalui Teori Institutional Analysis and Development Juwita Siregar; Modella Raghel Monika; Aulia Putri Nadifa; Natasya Melinda Puspita
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5821

Abstract

This study analyzes the role of the Golkar Party of Serang City in the formulation and oversight of Regional Regulation Number 11 of 2019 on the Implementation of Tourism Business Governance using the Institutional Analysis and Development (IAD) framework. The study aims to examine how political party institutions perform their functions in local legislative processes, particularly in terms of public representation, interest articulation, and policy oversight. A qualitative case study approach was employed, involving in-depth interviews with party actors and members of the Regional House of Representatives (DPRD), as well as document analysis of relevant policy materials. The findings reveal that Golkar’s role in the formulation and supervision of the regulation was predominantly carried out by its legislative faction through informal mechanisms, while the party’s organizational structure played a limited institutional role. The process of absorbing public aspirations was relatively constrained and tended to favor groups with close social and political ties, indicating that the party has not fully exercised its functions of public articulation and accountability. From the perspective of the IAD framework, this condition reflects weaknesses in internal rules, actor capacity, and interaction mechanisms within the party as a political institution in the policy arena. Therefore, strengthening Golkar’s institutional capacity is essential to enable a more substantive, responsive, and inclusive role in local legislative and policy oversight processes
Akibat Hukum dari Perceraian dengan Alasan Istri Murtad: Studi di Pengadilan Agama Sleman Hasyarania Hasyarania; Nurjihad Nurjihad
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5836

Abstract

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.
Faktor Perubahan Sosial Terhadap Eksistensi Konsep Perseroan Perorangan di Indonesia Nirwana Theresya Siboro
Jurnal Hukum dan Sosial Politik Vol. 4 No. 1 (2026): Februari : Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i1.5987

Abstract

Social change in Indonesia has had a significant impact on various aspects of life, one of which is reflected in the emergence of the Sole Proprietorship Company concept under Law No. 6 of 2023 on Job Creation. This framework allows individuals to establish a Limited Liability Company, particularly to support micro and small enterprises (MSEs). The innovation is not merely an adaptation of global practices but also a response to the need to strengthen economic independence. This study applies an interdisciplinary method with normative and socio-legal approaches to examine the provisions of the Sole Proprietorship Company by integrating social change factors underlying its necessity, despite substantive differences from conventional Limited Liability Companies. The analysis explores legal legitimacy and social readiness, concluding that social transformation drives the demand for this concept. Thus, regulations should be refined to remain simple and effective while encouraging MSEs to use it as a legal safeguard.

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