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INDONESIA
LOIS: Jurnal Hukum dan Humaniora
Published by Yayasan Pendidikan Aksara Cendikia
ISSN : -     EISSN : -     DOI : -
Core Subject :
Focus and Scope  1.⁠ ⁠Constitutional Law and Administrative Law  2.⁠ ⁠International Law and Human Rights Law  3.⁠ ⁠Customary Law, Islamic Law, and Environmental Law  4.⁠ ⁠Criminal Law, Civil Law and Digital Law  5.⁠ ⁠Legal analysis of legislation and its implementation  6.⁠ ⁠Philosophy, History, and Culture  7.⁠ ⁠Gender Studies and Feminism  8.⁠ ⁠Sociology and Cultural Anthropology  9.⁠ ⁠Linguistics, Literature, and Media Studies 10.⁠ ⁠Ethics, Religion, and Human Values
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Articles 5 Documents
 1 
Search results for , issue "vol. 1 no. 1 (2025)" : 5 Documents clear
ENHANCING THE SETTLEMENT OF MILD ASSAULT CASES THROUGH PENAL MEDIATION: LAW ENFORCEMENT PRACTICES BY THE WEST LOMBOK RESORT POLICE SIS NANDA KUS ANDRIANTO; NOVITA LISTYANINGRUM; IRPAN SURIADIATA; KARHOMA WIJAYA
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

Law enforcement addressing small offenses, particularly minor assaults, is increasingly shifting from traditional judicial systems to restorative justice approaches utilizing prison mediation techniques. This study aims to elucidate the functioning of penal mediation at the West Lombok Resort Police level, the legal frameworks that underpin it, and the challenges encountered throughout its implementation. We employed interviews, field observations, and document analyses to obtain the data. The poll results indicate that criminal mediation relies on the mutual agreement of the victim and the perpetrator, with investigators serving as facilitators and overseers of the procedure. This is supported by the Chief of Police Regulation and the principle that investigators possess the autonomy to make independent decisions, as articulated in the Criminal Procedure Code and the Police Law. Punitive mediation incorporates community members, such as village leaders and Bhabinkamtibmas, to leverage local and societal values in problem resolution. 
NORMATIVE STUDY OF LAW ENFORCEMENT OF CAPITAL MARKET CRIMES IN THE INDONESIAN LEGAL SYSTEM JAMALUDIN; TATA ELIESTIANA DYAH A
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This research aims to identify the qualifications of capital market criminal acts and analyze theirlegal enforcement within the framework of the Indonesian legal system. The type of research usedin this research is normative legal research using statutory and conceptual approaches. Theresearch results show that: 1) The qualification of criminal acts in the Capital Markets Lawincludes three main forms, namely criminal acts of fraud, market manipulation and insidertrading. These three types of criminal acts have special characteristics because they focus on themisuse of strategic information, not on material objects, so the process of proof requires in-depthprecision because the formulation of the offense is still abstract and not fully in line with thedevelopment of capital market crime modes which are increasingly complex and technologybased. 2) Law enforcement in the Indonesian capital markets sector still faces various obstacles,both from authority and technical aspects. Even though OJK has Polri and PPNS investigators,the effectiveness of investigations is still limited due to dependence on the KUHAP mechanism,inadequate technical capabilities of investigators, and sub-optimal inter-agency coordination.This condition makes case handling less responsive, so it is necessary to strengthen regulationsand institutional capacity
MUSLIM VOTER’S TRUST IN ISLAMIC PARTIES IN NORTH LOMBOK, NTB (2019 AND 2024) PAUZAN BASRI
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This study aims to explore the behavior and trust level of Muslim voters towards Islamic parties in North Lombok Regency during the 2019-2024 period. Employing a descriptive qualitative approach, data were collected through participatory observation, in-depth interviews with religious and community leaders, election organizers, as well as from official documents and voter data to ensure validity and depth. The findings reveal that despite the Muslim majority in the region, most Muslim voters tend to support nationalist parties rather than Islamic parties in legislative elections. Key factors influencing this preference include pragmatic voter considerations focusing on party performance, candidate quality, and tangible socio-economic programs. The roles of faith-based mass organizations are significant but their loyalty often aligns with influential leaders rather than exclusively supporting Islamic parties. Additionally, the dominant influence of traditional leaders and widespread money politics contribute to the nationalist parties' electoral dominance. This voter behavior reflects a complex interaction of ideological shifts, socio-cultural dynamics, leadership structures, and economic realities. Utilizing Muhammad al-Shatibi’s contemporary Maqasid al-Shariah framework, the study interprets this phenomenon as voters prioritizing welfare and justice aligned with the overarching goals of Shariah. Islamic parties are thus urged to reform strategies by enhancing community engagement, strengthening cadre capacity, and fostering inclusive partnerships to remain competitive and build sustainable voter trust in the evolving political landscape of North Lombok.
LGBT REGULATORY VOID: THE URGENCY OF FORMING LOCAL REGULATIONS WITH A HUMAN RIGHTS PERSPECTIVE YUDI SAPUTRA
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

The phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) remains a contentious sociolegal issue in Indonesia, including in Bima Regency, which has a strong socio-religious character.The absence of specific regulations regarding LGBT issues creates a legal vacuum, resulting inunclear handling and policy implications. This situation results in uncertain norms, weak lawenforcement, and an increased risk of social discrimination against LGBT groups. This study aimsto analyze the absence of LGBT regulations in Bima Regency and the urgency of establishingRegional Regulations that align with community needs and human rights principles. The methodused is normative juridical with statutory, conceptual, and comparative approaches. Primary legalmaterials include the 1945 Constitution, the Criminal Code, the Human Rights Law, and otherregional regulations related to LGBT issues. Secondary legal materials were obtained fromliterature, scientific articles, and research, while tertiary legal materials included legaldictionaries and news articles. Data analysis was conducted qualitatively through content analysis.The research findings indicate that the regulatory gap has led officials and the public to rely moreheavily on moral or customary standards, potentially repressive, and hindered access to healthcarefor groups at high risk of HIV/AIDS. Comparative studies have shown that regulations in otherregions emphasize prevention rather than rights protection. This research contributes to offeringa model for regional regulations that adapts to issues of morality and human rights. Therefore,balanced Regional Regulations are needed, taking local norms into account, ensuring the principleof non-discrimination, and serving as a social engineering instrument to prevent conflict, protectcitizens' rights, and strengthen legal certainty in Bima Regency.
HANS KELSEN'S PURE THEORY OF LAW AS A THEORETICAL PILLAR IN THE DYNAMICS OF THE MODERN LEGAL SYSTEM IN INDONESIA M. ISKANDAR; ANGGI PURNAMA TRADESA; TITI TANTRI
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This research was conducted with the aim of determining how Hans Kelsen's Pure Legal Theory fits into the Modern Legal Paradigm Based on Humanity and Social Justice. This research is a normative legal research. Normative legal research is often referred to as doctrinal legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The existing legal materials were collected through literature studies, which were then normatively analyzed to answer the problems studied. The results of this research are that the application of Hans Kelsen's Pure Legal Theory in Indonesian law shows a process of adaptation and contextualization. Kelsen's stufenbau theory concept is relevant in explaining the hierarchy of laws and regulations. However, in terms of basic norms, Indonesia does not adhere to a neutral grundnorm, but rather places Pancasila as the source of all sources of law. In addition, customary law also plays an important role as part of Indonesia's legal pluralism, which is recognized by the constitution.

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