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Abdul Kadir Jaelani
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JHCLS
Published by Lembaga Contrarius Institute
ISSN : 28072979     EISSN : 28072812     DOI : 10.33292
Core Subject : Health, Social,
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System" : 8 Documents clear
The Policy on Tourism MSMEs in Indonesia and Algeria: Sustainability and Challenges Uswatun Hasanah; Bakhouya Driss
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.131

Abstract

Tourism legislation should encourage tourism MSMEs; otherwise, these enterprises are likely to remain local or go unnoticed globally. This study aims to investigate the emerging urgency arising from the interrelationship between MSMEs' legal policies and tourism legislation. This research belongs to normative research conducted by employing statutory and comparative approaches. The study reveals that adopting social capital as the foundation of tourism legislation enhances the role of tourism MSMEs in economic development. Furthermore, the legal policies enacted for running tourism businesses based on social capital seem to provide legal certainty for protecting and empowering tourism MSMEs and boosting their global competitiveness.
A Social Justice Legitimacy to Protect Coastal Residents Aditia Syaprillah; Yahya Ahmad Zein; Tove H.Malloy
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.159

Abstract

This research aimed to establish the legitimacy of protecting coastal residents from a social justice perspective. This was normative legal research conducted following cases, statutes, facts, and comparisons. The results of this study show how important it is to prioritize social equity for coastal protection. As natural calamities become more frequent, property protection becomes more difficult. Countries endowed with substantial financial and human resources can effectively tackle the challenges associated with climate change mitigation through the development and establishment of state-of-the-art scientific and technological infrastructure. In multicultural social justice, all individuals are valued. Priorities for environmental and social justice are prevalent in developing nations afflicted by coastal ecological degradation and widening income gaps. Developed nations like Germany have implemented and enforced coastal protection policies to uphold environmental justice principles. Second, the community-led governance initiatives generated genuine participation through mutual aid. Environmental law advances the cause of social justice. Environmental justice, which emphasizes the distribution of resources and the preservation of vulnerable groups, has emerged as the essence of justice in the ecological age.
Higher Education with Disabilities Policy: Ensuring Equality Inclusive Education in Indonesia, Singapore and United States Sheila Kusuma Wardani Amnesti; Jundiani Jundiani; Siti Zulaichah; Mohd Shahid Mohd Noh; Lailatul Fitriyah
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.135

Abstract

There are still relatively few people with disabilities who complete their education up to the university level in Indonesia. In contrast, Singapore and the United States are known for their high levels of innovation, especially in promoting equality in education. Three countries—Indonesia, Singapore, and the United States—share a common commitment to realizing the protection of disability rights. This research employs normative legal research methods, utilizing both statutory and comparative approaches. The findings of this study reveal that Singapore's universities have the highest percentage of disability-friendly institutions, with approximately 60% of colleges maintaining specialized Disability Services units. In the United States, only 4.7% of colleges offer Disability Services, while in Indonesia, the figure stands at 1.48%. Substantial, structural, and cultural challenges persist in all three countries when it comes to fulfilling the right to education, particularly concerning funding policies. Each nation needs to cultivate a culture of anti-discrimination in disability education. Notably, Indonesia has yet to implement an inclusive curriculum in higher education. This paper holds significant importance in the context of improving educational services for individuals with disabilities, ultimately contributing to the realization of equality in the education system.
The Role of the Corporate Penalty System on Environmental Regulation Rais Torodji
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.179

Abstract

The enforcement of the punishment system against corporations for environmental crimes has been unfair, including eliminating environmental permits and minimizing public participation, blurring strict liability or absolute responsibility, centralized supervision, minimizing administrative sanctions, removing corporate criminal liability, and eliminating the ecological organizational lawsuit scheme. The punishment system for corporations in environmental crimes is unjust because the threat of punishment is not proportional to the impact of the act, blurring the norm of strict liability, reducing corporate criminal liability, and forming Law Number 11 of 2020 concerning Job Creation (Job Creation Law) without following law and regulation principles. Reforming the sentencing system by amending the Job Creation Law can help solve the environmental cluster's punishment and law enforcement issues and strengthen environmental supervision by optimizing PPLH capacity through a merit system, management based on transparent and accountable rules, policies, strategies, and programs, and information on superannuation results can help.
Cyber Indoctrination Victims in Indonesia and Uzbekistan: Victim Protection and Indoctrination in Practice Arief Budiono; Absori Absori; Kelik Wardiono; Wardah Yuspin; Said Saidakhrarovich Gulyamov
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.127

Abstract

Terrorism has become a global phenomenon, affecting not only those hurt or killed by acts of terrorism but also involving women as significant contributors to indoctrination worldwide, including in Indonesia and Uzbekistan. This research aims to explain the evolving roles of women in terrorism in Indonesia and Uzbekistan and how terrorists use cyber indoctrination to target women in these countries. The research was conducted in Indonesia and Uzbekistan using the classical-normative dogmatic juridical method with a library-based approach. Cyber indoctrination has proven highly effective in persuading women to join and take initiative in acts of terror. Women who become involved in terrorism due to exposure to pseudo-religious ideologies through cyber indoctrination have human rights and should be legally protected as victims of cyber indoctrination by terror groups. This article contributes to the recognition of women's rights as victims of cyber indoctrination and sheds light on the changing role of women in terrorism. It aims to raise awareness among society, governments, law enforcement agencies, and religious leaders about the strategies of pseudo-religious cyber indoctrination employed by terrorists. It encourages them to take preventive and repressive actions to combat terrorism and safeguard women from its allure.
Environmental Justice at the Environmental Regulation in Indonesia and Uzbekistan Hudali Mukti; Bobur Baxtishodovich Sobirov
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.171

Abstract

Justice theory, which emphasizes the fair and equitable allocation of risks and benefits, has significantly influenced the idea of environmental justice. Indonesia and Uzbekistan have made it mandatory for laws and regulations to implement the concept of environmental justice. Still, in practice, the rules created give birth to social-environmental conflict dimensions that are increasingly prevalent and far removed from environmental justice. This research aims to understand and analyze environmental justice regulation in Indonesia and Uzbekistan. This research uses a normative juridical approach with a literature review involving primary and secondary legal sources. The results show that the provisions of the Job Creation Bill in the forestry and environmental sectors negate access to justice via litigation at the State Administrative Court (PTUN) so that there is no public space to continue an AMDAL decision or environmental approval as part of an environmental licensing instrument in the realm of administrative law.  Regulatory problems that co-occur and are followed by implementation problems at a later date relating to the legitimacy and protection of people's constitutional rights will harm the community's sense of justice. At the same time, the issue of environmental injustice in Uzbekistan arises from the ecological crisis beginning with green space, waste management, and the water crisis that has afflicted the nation, as indicated by the preceding explanation. The government must establish national policies, institutional instruments, and central and regional environmental management authorities to facilitate development with an eye toward environmental justice.
Reform and Breakthrough in Business Regulations for Empowering MSMEs in Indonesia and the Netherlands Agus Riwanto; Sukarni Suryaningsih; Delasari Krisda Putri
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.109

Abstract

There are too many overlapping MSMEs determination policies which result in hampering MSMEs empowerment. The dynamics of global change require a fast and responsive response because, without policy reformulation, economic growth will stagnate or even slow down. This article delves into the necessity of regulatory reform to enhance the ease of doing business for MSMEs, using the Omnibus Law method. Conducted as normative legal research, this study uses normative legal research and analyzes secondary data to examine the existing challenges. The findings reveal various obstacles faced by MSMEs, including complexities in obtaining business licenses, cumbersome tax payment systems, limited access to business capital, and the absence of a formal business entity. To address these regulatory issues, alternative solutions are proposed through the Omnibus Law method, emphasizing the simplification of regulations, fostering public participation, and harmonizing both vertical and horizontal regulations. Moreover, drawing lessons from the Netherlands, where the government established the Dutch Advisory Board on Regulatory Burdens (ATR) to reduce administrative burdens on SMEs, Indonesia can prioritize similar measures to simplify regulations and lower costs. By emulating the ATR's independent and collaborative approach, Indonesia has the potential to establish its own advisory body, fostering a supportive business environment for SMEs and promoting economic growth.
Does the Constitutional Court on Local Election Responsive Decisions ? Sholahuddin Al-Fatih; Asrul Ibrahim Nur
Journal of Human Rights, Culture and Legal System Vol 3, No 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.74

Abstract

This article aimed to explain about legal politics of the constitutional court decision on Pilkada, before and after the amendments of Pilkada Act. Using normative legal research, this article focussed on analyzing some Constitutional Court Decisions on Pilkada. This article finds that the legal politics of the Constitutional Court decision on Pilkada case have a similar character, a responsive legal product. It indicates that democracy in Indonesia was built on fulfilling human dignity, fairness, and justice.

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