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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 56 Documents
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The Model of Legal Protection for Children Victims of Domestic Violence Based on Justice Andry Harijanto; Siti Hatikasari; Juliet Musabula
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.414 KB) | DOI: 10.53955/jhcls.v2i2.33

Abstract

Indonesia has passed a policy on child protection and eliminating domestic violence. However, the critical question that needs to be asked is why violence against children increases yearly. This study aims to analyze the model of legal protection for children victims of domestic violence based on justice. This research is empirical research with primary, secondary, and tertiary data. This study concludes that the norms of Malay customary law that regulate violence in Bengkulu City, namely Cempalo Hand and Cempalo Mouth, can reduce violence against children in the household.
The Model of Law Enforcement Based on Pancasila Justice Arsyad Aldyan; Abhishek Negi
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.195 KB) | DOI: 10.53955/jhcls.v2i3.51

Abstract

The development of the current flow of law in Indonesia in the context of law enforcement is unquestionably still evident in the application of positivism in law enforcement, which, of course, with the application of legal positivism is enforced the law that is more important, if one considers that the philosophical goal of the law is the creation of justice, and so on. This is a declaration of Pancasila values in law enforcement in the Indonesian state. In some instances, it appears that the flow of positivism continues to exert a strong influence on law enforcement in Indonesia, which, of course, can affect the values of justice in law enforcement. As stated in Article 24 paragraph 1 of the Constitution of the Republic of Indonesia, in order to realize the Indonesian state as a rule of law, both law enforcement and justice must be properly enforced in the context of judicial power.
Legal Protection Against Cryptocurrency Investors: Overview of Indonesian Consumer Protection Law Safina Callistamalva Arindrajaya
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.2 KB) | DOI: 10.53955/jhcls.v2i2.32

Abstract

Information and communication technology advancements has spawned numerous innovations, including cryptocurrency. Cryptocurrency is a currency that only exists in Indonesia as a digital asset. The volatile and uncontrollable value of cryptocurrencies causes investors to suffer losses. This study aims to determine the legal protection of cryptocurrency investors in Indonesia under Consumer Protection Law. This study employs a descriptive qualitative methodology with a normative approach through legislation. According to the findings of this study, The Consumer Protection Act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors.
Legality of EndSARS Protest: A Quest for Democracy in Nigeria Paul Atagamen Aidonojie; Oluwaseye Oluwayomi Ikubanni; Alade Adeniyi Oyebade
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): 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.v2i3.40

Abstract

An essential hallmark of a democratic society is a statutory institution responsible for protecting (Human Rights) the lives, properties, and catering to its people's needs. However, in Nigeria, there has been an incessant abuse of its citizens' rights by the Special Anti-robbery Squad (SARS) and complaints of low sustainable development, which had trigger the EndSARS protest. Hence, this study's essence is to ascertain the reason for the EndSARS protest and how to salvage the protest. Given this, the study used an online survey questionnaire sent to 363 respondents (randomly selected) residing in the various state of the Federal Republic of Nigeria. Descriptive and analytical statistics were used to analyse 363 respondents’ responses to the questions. The study found that the reason for the EndSARS protest is police brutality and poor sustainable development. The study therefore concludes and recommended concerning its findings that there is a need for the Nigerian Government within the State and at the Federal level to embark on a sustainable development project that will cater to the need of its citizens and also endeavour to curtail police excess in abusing human rights.
Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation Devi Triasari; Willy Naresta Hanum; Viddy Firmandiaz
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (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.v3i1.75

Abstract

The government has issued various policies to overcome overcapacity in prisons, but the important question that needs to be asked is whether these policies have restored the rights of victims of criminal acts of Information and Electronic Transactions. The method used in this study is a normative legal research method that examines secondary data. Data collection is carried out in the form of laws and regulations, reference books, and previous studies. The results of the research show that there is a need for the urgency of the application of restorative justice in criminal acts of Information and Electronic Transactions in Indonesia and what are the obstacles to the application of restorative justice in handling cases of criminal acts of Information and Electronic Transactions.
Environmental Hazard: The Legal Issues Concerning Environmental Justice in Nigeria Paul Atagamen Aidonojie
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (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.v3i1.60

Abstract

One of the challenges the global community seeks to solve is environmental hazards emanating from human harmful activities. Although, Nigeria seems to be part of the global authors seeking environmental justice concerning environmental hazards, however, the incidence of environmental hazards seems to be very pronounced, given the ineptitude of environmental justice towards victims of an environmental hazard. It is concerning this that this study tends to embark on a hybrid method of study in ascertaining the current state of environmental hazard in Nigeria and the challenges concerning environmental justice. The study further found that the continuous environmental hazard in Nigeria is a result of the ineptitude of environmental justice toward the victim of an environmental hazard. The study therefore concludes and recommends that for an effective curtailing of the incidence of environmental hazards in Nigeria, the Nigerian government needs to intensify justice for the victim of environmental hazards and ensure the predators of environmental hazards are legally constricted from their continuous harmful activities.
The Regulation of Personal and Non-Personal Data in the Context of Big Data Daniar Supriyadi
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (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.v3i1.71

Abstract

Data protection laws provide minimum protections for personal data, as well as facilitate the free flow of such data, by setting out principles and rules for legitimate data processing. In the big data context, personal data may not be as easy to distinguish as in traditional data processing, and that makes policy-makers and businesses turn to the identifiability concept: in other words, what data are personal. This research is based on doctrinal legal researchon the legal theory (concepts, rules, and principles) concerning data protection in the EU and Indonesia. The results of the research show that the understand such paramount terminology in data protection law, relevant factors are presented to assess the direct or indirect identification of a natural person. In the EU data protection law, the test entails, for example, risk-based measures and technological development, whereas Indonesian law on data protection has not yet established such assessments. Data within big data operations traditionally falls under the scope of data protection laws only if it discloses the private life of individuals, such as names or other civil identities, but without further conditions to ascertain whether the data can be indirectly identified with an individual.
The Policy of Sustainable Waste Management Towards Sustainable Development Goals Budiman Budiman; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (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.v3i1.73

Abstract

The research is focused on the sustainable waste management, with the specific concern on the use of waste management platform called waste bank being driven by local organizations in Lombok, Indonesia. The study aims to investigate the factors that attract the participation of local communities in using the platform for waste management and further to explore the lessons and good practices of waste banks driven by local community-driven organizations in Lombok, Indonesia. The method used for this research was qualitative with the analytic-descriptive approach. Data collection was through literature study and survey questionnaire. Based on the findings of the research, several factors including socio-economic characteristic and the lack of waste facilities and services influence the participation of local communities in sustainable waste management in Lombok. Those factors are critically shown based on its significance in influencing the involvement of local communities in implementing sustainable waste management. Thus, one of alternatives to use the waste bank initiated by local community-driven organizations may help in some ways such as improved participation of local communities in sustainable waste management. Furthermore, the lessons and good practices of waste banks driven by the selected two organizations in Lombok are highlighted.
The Participation within Indigenous Land management: Developments and Challenges of Indigenous Communities Protection Gde Made Swardhana; Suviwat Jenvitchuwong
Journal of Human Rights, Culture and Legal System Vol 3, No 2 (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.v3i1.72

Abstract

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.
The Property Rights Regulation, Semenda Marriage, and Exploring the Determinants in ASEAN Countries Asrizal Saiin; Kholidah Kholidah; Zulfahmi Zulfahmi; Anwar M. Radiamoda; Kemas Muhammad Gemilang
Journal of Human Rights, Culture and Legal System Vol 3, No 2 (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.v3i2.68

Abstract

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.

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