JHCLS
Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.
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<![CDATA[The Participation within Indigenous Land management: Developments and Challenges of Indigenous Communities Protection ]]>
<![CDATA[Gde Made Swardhana]]>;
<![CDATA[Suviwat Jenvitchuwong]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i1.72
<![CDATA[In customary law communities, established land has a deep meaning and is integral to cultural identity and social life. However, customary land rights often face serious problems. This study aims to analyze the protection of customary land rights in Indonesia and Thailand, identify the factors causing the problem, and describe the latest developments in efforts to protect these rights. This study focuses more on normative legal research. The normative juridical method is intended to explain various laws and regulations related to the mechanism for recognizing customary law communities with a statutory approach. The result of this research is a list of factors that influence the problem of protecting customary land rights in Indonesia and Thailand, such as the existence of legal dualism in land management, conflicts of interest between indigenous peoples and the state, and unclear boundaries of customary land territories. Then, the impact of the problematic protection of customary land rights on customary law communities is legal uncertainty regarding the protection of customary land, a decline in the welfare of customary law communities, and inequality and discrimination against indigenous and tribal peoples.]]>
<![CDATA[The Property Rights Regulation, Semenda Marriage, and Exploring the Determinants in ASEAN Countries ]]>
<![CDATA[Asrizal Saiin]]>;
<![CDATA[Kholidah Kholidah]]>;
<![CDATA[Zulfahmi Zulfahmi]]>;
<![CDATA[Anwar M. Radiamoda]]>;
<![CDATA[Kemas Muhammad Gemilang]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.68
<![CDATA[This study discusses the rights and position of the husband against his wife in the practice of semenda-marriage which is still in going today. This issue is discussed under the marriage law. Because this research is classified as qualitative research, the method used is normative juridical with descriptive analytical research. The analysis used in this research is critical discourse analysis. From the results of the study conducted, it was found that based on the theory of the rights and obligations of husband and wife in the family, that semenda-marriage are not in accordance with Indonesian marriage laws, because they position the wife as more powerful and superior to the husband. The rights and obligations of husband and wife have been explained in the marriage law, that what is the husband's obligation is the wife's right and what is the wife's obligation is the husband's right, and this is a concept of equality and complementarity. Apart from that, in the household life of indigenous peoples, regulations related to property rights are regulated. The husband's property rights in a semenda-marriages in ASEAN countries are that the husband has ownership rights to the assets of the wife. After the marriage takes place, there is a special event in handing over assets from the wife's family to the husband and wife, so that the assets from the wife's family become the property and responsibility of the husband and wife to manage and take care of the assets that existed at that time.]]>
<![CDATA[The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration ]]>
<![CDATA[Zaidah Nur Rosidah]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Mohd Rizal Palil]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.105
<![CDATA[The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion. While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn]]>
<![CDATA[The Geothermal Development Policy on Environmental in Indonesia and the USA ]]>
<![CDATA[Willy Naresta Hanum]]>;
<![CDATA[I Gusti Ayu Ketut Rachmi Handayani]]>;
<![CDATA[Hilaire Tegnan]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.85
<![CDATA[Geothermal utilization is generally used as clean green energy because of its contribution to gradually eliminating high carbon energy. However, in practice, geothermal damage to the environment, even regulation of its utilization does not guarantee environmental justice. This research study aims to determine environmentally just geothermal regulations to eliminate negative environmental impacts and public rejection of geothermal utilization. This study uses normative legal research. The results of this study indicate that geothermal potential can replace high-carbon energy even though it still has a damaging impact on the environment. Community rejection occurs in various areas where geothermal exploitation occurs in conservation forest areas. Geothermal energy regulation in Indonesia is no more pro-ecological than in the USA. Based on the analysis of the legal gap between the theory of ecological justice and the legal triangle and energy policy, it is found that the principles of geothermal regulation must prioritize ecology, not mere exploitation. The findings of this study are strengthening the principles of geothermal regulation based on ecological justice. Standardization of handling and monitoring of environmental impacts must be carried out in an integrated manner based on area category to avoid the widening of the ecological impact of geothermal utilization which results in rejection of the next project.]]>
<![CDATA[The Climate Change Litigation Based Human Rights Approach in Corporations: Prospects and Challenges ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Mohammad Hazyar Arumbinang]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.116
<![CDATA[In recent years, the phenomenon of climate change has emerged as a critical global issue that poses a significant threat to human survival. Industries such as fossil fuels, manufacturing, and agriculture have been identified as major sources of greenhouse gas emissions. Corporate activities have played a role in triggering legal actions holding them accountable for their contribution to climate change. Therefore, this research analyses the prospects and challenges of climate change litigation against corporations in Indonesia using human rights approach. This research has adopted normative legal research with a statutory and historical approach. Descriptive analysis is applied to analyze the data. This paper reveals that the use of human rights approach can strengthen arguments against corporations over climate change. This paper concludes that despite the challenge that may arise, there is a big chance for successful climate change litigation against corporations in Indonesia by using human rights approach as the main claim.]]>
<![CDATA[Artificial Intelligence and Intellectual Property Protection in Indonesia and Japan ]]>
<![CDATA[Rian Saputra]]>;
<![CDATA[Tiara Tiolince]]>;
<![CDATA[Iswantoro Iswantoro]]>;
<![CDATA[Sanju Kumar Sigh]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.69
<![CDATA[This research aims to show the impact of artificial intelligence (AI) on fillings patent protection through patent rights. This research is normative legal research using a comparative legal approach in the Japanese AI protection system. The results indicate that the regulation of AI protection in intellectual property rights in Indonesia has not been accommodated in the Indonesian national legal system. However, the closest method for its protection can be performed through copyright, but it still has shortcomings, where AI in copyright protection is only considered the same as that of ordinary computer software in general, which should have significant differences. AI protection space in Japan can be accommodated through patents, provided that the AI in question contains elements or categories that can be protected through Japanese patents. AI protection as a patent right, in fact, has a very complicated and varied impact in Indonesia and Japan.]]>
<![CDATA[The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice ]]>
<![CDATA[M Zaid]]>;
<![CDATA[M. Musa]]>;
<![CDATA[Fadhel Arjuna Adinda]]>;
<![CDATA[Lamberton Cait]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.70
<![CDATA[This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil. Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.]]>
<![CDATA[The Impact of Covid-19 Pandemic on Effective Electronic Criminal Trials: A Comparative Study ]]>
<![CDATA[Orin Gusta Andini]]>;
<![CDATA[Mahendra Putra Kurnia]]>;
<![CDATA[Nilasari Nilasari]]>;
<![CDATA[Garin Bintang Andiki]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.57
<![CDATA[The widespread spread of COVID 19 influenced various aspects of life in all nations across the globe, including the effect on the judicial and penal systems. People were unable to appear in court because lockdowns were implemented; therefore, electronic court is a solution to such a challenge. This article aims to investigate how the widespread COVID-19 epidemic has affected the efficiency of the of electronic criminal justice proceedings. In addition, this article describes the implementation of an electronic criminal justice system in another country due to the Covid 19 pandemic. The research method employed is normative legal research through a statutory approach and a comparative approach between Indonesia and the Netherlands. The study found that the electronic criminal justice system has been implemented quite effectively, despite the fact that it was still encountering obstacles. In both Indonesia and the Netherlands, technological issues have posed obstacles to the implementation of electronic courts for criminal cases. However, the difference lies in the suspect's and attorneys' responses. While Indonesian attorneys viewed electronic court as beneficial, Dutch attorneys argued that it violates the freedoms of the accused.]]>
<![CDATA[Achievements and Challenges of Human Rights Protection Policy in Realizing Good Governance in Indonesia and China ]]>
<![CDATA[M. Misbahul Mujib]]>;
<![CDATA[Mustari Kurniawati Muchlas]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.98
<![CDATA[The protection of human rights in public service institutions faces challenges in its effectiveness to achieve maximum protection. This is because there are many units and ranks of the bureaucracy that need to be given oversight and protection. A regional head cannot be given the entire burden of supervising the protection of human rights. This study aims to explore the policies of the Ombudsman Institute in Yogyakarta, Indonesia regarding the Protection of Human Rights, their relation to the achievements and challenges so as to realize good governance. The research is compared with the policies to protect human rights in Beijing, China. This quantitative research analyzes the legal gap from the problem of protecting human rights in work units with the principles of good general governance and the supervisory model in the institution. Finally, this research finds the effectiveness and success of the role of the Ombudsman Institute in Indonesia in protecting human rights in maintaining good governance. To address the problem of protecting human rights, the pattern of oversight by the Indonesian Ombudsman Institute uses an ideal pattern, namely extra-parliamentary synergy, parliamentary oversight, a social audit system and the use of technological facilities so that good governance is realized. Meanwhile, China still gets notes from the international world for human rights violations. Even so, reform of the Ombudsman bureaucracy in China is expected to resolve existing human rights protection issues.]]>
<![CDATA[The Shaping of Future Sustainable Energy Policy in Management Areas of Indonesia's Energy Transition ]]>
<![CDATA[Fatma Ulfatun Najicha]]>;
<![CDATA[Mukhlishin Mukhlishin]]>;
<![CDATA[Supiandi Supiandi]]>;
<![CDATA[Saparwadi Saparwadi]]>;
<![CDATA[Dinil Abrar Sulthani]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v3i2.110
<![CDATA[Modifications to energy management models have made them more adaptable and dynamic, with intelligent monitoring and control of energy production, distribution, storage, and consumption. However, the management paradigm has not yet been optimally implemented, given that fossil fuels account for 73% of all greenhouse gas (GHG) emissions in the energy sector. The purpose of this study was to find out the policy of management area in energy transition toward sustainable development. This was normative legal research employing the statutory approach, the fact approach, and the case approach. The results indicate that a global energy transition will have a positive effect on the future stability and development of economies worldwide. Therefore, the green investment promotion for Renewable energy has acquired prominence in recent years and is now at the forefront of global efforts to reform the energy sector. In addition, the harmonization of legislation and technical requirements is highlighted as a requirement for achieving this objective.]]>
