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.
Articles
56 Documents
<![CDATA[Legal Policy of Protection COVID-19 Patients in Hospitals ]]>
<![CDATA[Tri Hartini]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i1.25
<![CDATA[The government has issued a number of measures in response to Covid-19, but these policies do not ensure patient rights as defined by the constitution. This is a juridical-normative study with a focus on legislation. The results indicated that legal protection for Covid-19 patients at home was accomplished in three ways: first, through civil legal remedies based on civil provisions; second, through criminal legal remedies based on medical practice; and third, through legal administration efforts that can be reported to the Council. Indonesian Medicine and the Honorary Council of Indonesian Medical Disciplines The rules and regulations controlling the protection of the law have an effect on the legal protection of patients; they compel health workers delivering health services to respect applicable laws and regulations.]]>
<![CDATA[The Strengthening of Guardian Institutions in Nanggroe Aceh During the Autonomy Era ]]>
<![CDATA[Muhammad Ridwansyah]]>;
<![CDATA[Asron Orsantinutsakul]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i1.27
<![CDATA[The Wali Nanggroe Aceh Institution is a unifying institution for the Acehnese people. Still, under the Aceh government law, this institution is not given enough space to carry out Aceh's duties and responsibilities. The results of this study are as follows: First, the authority of the Aceh Wali Nanggroe Institution is one of the things to unify the Acehnese people, but in fact, this authority is not included in the program budget of the Aceh Wali Nanggroe Institution because the budgetary control that manages it is the State Civil Apparatus assigned to the secretariat of the Aceh Wali Nanggroe Institution. Second, the word non-Aceh is no longer relevant because the Aceh Qanun on the Implementation of Population Administration has explained what is categorized as Acehnese. The perspectives of several ethnic groups fully support the existence of Wali Nanggroe Aceh Institution, but some people do not agree. Third, constitutionally the Wali Nanggroe Aceh Institution is protected by the constitution as part of the specialties and privileges of the Acehnese people.]]>
<![CDATA[Mainstreaming Restorative Justice in Termination of Prosecution in Indonesia ]]>
<![CDATA[Femmy Silaswaty Faried]]>;
<![CDATA[Hadi Mahmud]]>;
<![CDATA[Suparwi Suparwi]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 1 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i1.31
<![CDATA[By law, under the principle of opportunity, public prosecutors have been entitled to the authority to proceed or terminate the criminal cases under their authority. However, the termination of prosecution by the attorney generals is mostly not followed by a victim-oriented settlement. In this case, the principle of opportunity is not in line with the victim interest. On the other hand, the direction of legal reform in Indonesia promotes restorative justice approach in every criminal case settlement. In this regard, this article aims to investigate the way to implement restorative justice in case terminations by General Attorney of Indonesia. This research relies on socio-legal approach. Data were collected through the investigation of regulations and works of literature related to the termination of prosecution of criminal cases and restorative justice. The result of this study indicates that the regulation concerning termination of prosecution based on restorative justice is obviously departed from the public needs. According to General Attorney Regulation, restorative justice which is oriented to the public interest has the chance to be implemented as the basis for termination of prosecution of criminal cases; therefore, the penal court can be addressed as the last option (ultimum remidium).]]>
<![CDATA[The Changing of Environmental Approval Administrative Law Perspective ]]>
<![CDATA[Fitri Nur Aini Prasetyo]]>;
<![CDATA[Abdul Kadir Jaelani]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i3.55
<![CDATA[The renaming of environmental permits to environmental agreements is one of the issues highlighted by the Job Creation Law. Environmental approvals were deemed to not meet the licensing requirements of the State Administrative Law, so they could potentially not be challenged in court like environmental permits. This change prompted opposition from various groups. The purpose of this study is to identify the characteristics of environmental approval from the standpoint of State Administrative Law. This is normative law (doctrinal) research with a statutory and a conceptual approach (conceptual approach). Environmental approvals in the Job Creation Law can be classified as permits under State Administrative Law, and environmental approvals are granted to business actors, according to the findings of this study.]]>
<![CDATA[The Proliferation of Regional Regulation Cancellation in Indonesia ]]>
<![CDATA[Abdul Kadir Jaelani]]>;
<![CDATA[Muhammad Jihadul Hayat]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i2.38
<![CDATA[The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.]]>
<![CDATA[The Court Online Content Moderation: A Constitutional Framework ]]>
<![CDATA[Rian Saputra]]>;
<![CDATA[M Zaid M Zaid]]>;
<![CDATA[Silaas Oghenemaro Emovwodo]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i3.54
<![CDATA[This study aims to see and describe the practice of electronic justice in Indonesia based on the digital constitutionalism approach; as a concept that tends to be new, Digital Constitutionalism in its development also accommodates the due process online in scientific discourse. This research is normative legal research using a statutory and conceptual approach. Based on the research results, it is known that the practice of electronic justice in Indonesia still uses procedural law guidelines, which are conventional procedural law and internal judicial regulations. In contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law in its implementation because it is annulled. It has not been oriented to the protection of Human Rights as conceptualized in the Digital Constitutionalism discourse, which includes due process online. So the regulation of electronic justice in the future must be based on Digital Constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities.]]>
<![CDATA[The Model of Coaching Narcotics Prisoners in the Correctional Penitentiary ]]>
<![CDATA[Sulistya Eviningrum]]>;
<![CDATA[Vasco Fronzoni]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i2.26
<![CDATA[The development of narcotics convicts differs from the development of other criminal convicts. This research uses a normative-juridical approach by reviewing the laws and regulations relevant to the legal issues to be solved and discussing the ideal coaching model for victims of narcotics users in prisons today. From this research, it can be concluded that the coaching model for narcotics abuse victims must be oriented towards healing and recovery, either through medical institutions, hospitals, health centers, or social institutions. Thus giving birth to a model of handling that can be applied to victims of narcotics users.]]>
<![CDATA[Disharmonization of Supreme Court Regulations in Material Judicial Rights ]]>
<![CDATA[Taufik Hidayat]]>;
<![CDATA[Resti Dian Luthviati]]>;
<![CDATA[Suviwat Jenvitchuwong]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i3.34
<![CDATA[This study aims to analyze the problems with Supreme Court Regulation in Judicial Review resulting from inconsistencies in these rules, which impact the court's ability to enforce these regulations. This study is a normative legal analysis. The findings of this study indicate that the problem of discordant norms in judicial review is related to two factors, specifically discordant norms regarding the authority to examine formal matters. The discord of norms about the legal subject matter of the Petitioner for Review of Legislation under the Act results from differences in regulation of judicial review material aspect used as a criterion. This contradicts the original intent of the Constitution of the Republic of Indonesia.]]>
<![CDATA[The Conceptualization of Environmental Administration Law in Environmental Pollution Control ]]>
<![CDATA[Fatma Ulfatun Najicha]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[I Gusti Ayu Ketut Rachmi Rachmi Handayani]]>;
<![CDATA[Rosita Chandrakirana]]>;
<![CDATA[Dian Furqani Tenrilawa]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i2.44
<![CDATA[Environment is an essential element of life. The domain offers a variety of advantages and functions for humans to carry out activities and reside there. This is normative legal research using secondary sources. According to the study's findings, environmental law enforcement can be conducted both punitively and preventatively, depending on its effectiveness and nature. The lack of coordination between sectors (government officials), the absence of a monitoring plan, and the lack of environmental supervisors are obstacles to ecological monitoring.]]>
<![CDATA[Legal Status of Interfaith Marriage in Indonesia and Its Implications for Registration ]]>
<![CDATA[Bayu Dwi Widdy Jatmiko]]>;
<![CDATA[Nur Putri Hidayah]]>;
<![CDATA[Samira Echaib]]>
<![CDATA[ Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System ]]>
Publisher : <![CDATA[Lembaga Contrarius Indonesia ]]>
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DOI: 10.53955/jhcls.v2i3.43
<![CDATA[Indonesia's marriage law prohibits interfaith unions. However, this provision has not yet taken effect. This study aims to find out how the legal status of marriage is different religions and how the recording provisions are valid in the eyes of the law. This research uses normative legal research methods, with a regulatory approach and data presentation in the form of descriptive analysis. The results of the research show that, first, regarding legal status, interfaith marriage is invalid in the eyes of the law, because it is contrary to the provisions of Law on marriage. However, based on the Supreme Court's decision couples of different faiths can request a court determination, henceforth to continue to carry out the marriage according to the beliefs held by each bride and groom. Second, regarding the registration of marriages for interfaith marriages, the bride and groom record them with the civil registry office and will be recorded as non-Islamic marriages.]]>
