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INDONESIA
International Journal of Law and Society
Published by NAJAHA Education Development Cente
ISSN : 28279050     EISSN : 28279042     DOI : 10.59683
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. IJLS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 36 Documents
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Kediri Government Policy Before Year End Holiday Middle of The Covid-19 Pandemic Janatul Rona Megananta; Agus Machfud Fauzi
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.1

Abstract

During the current pandemic, all health protocol policies must be adhered to. This is because the number of people who die every day is skyrocketing due to the Covid-19 virus. The method I use in this research is a qualitative approach, through direct observation and interviews with the people of Kresek Village, Tempurejo Village, Pesantren District, Kediri City. The city government of Kediri has issued a policy, especially Large-Scale Social Restrictions (PSBB), namely a ban on leaving the house to celebrate year-end holidays. This policy is strictly enforced for all residents not to leave the house to celebrate the year-end holidays. The Kediri City Government recommends that every village maintain security at each post. Uniquely, the sanctions given in each village are different. In the Tempurejo area, if there are people who go out to celebrate the end of the year, they are given a sanction of going around the village for 8 rounds, besides that there is also a policy that if they want to go out of town but do not bring a health certificate and a health certificate, they must spend the night in the Kelurahan, for approx. 8 hours for quarantine. This policy is an initiative of the RT/RW, Kelurahan and Covid-19 cluster, especially in Tempurejo Village, to support the Kediri City Government's Large-Scale Social Restrictions (PSBB) efforts in reducing mortality and COVID-19 during the year-end holidays in the Kediri City area.
Convergence Epistemology of Legal Studies Based on Revelation Yogi Prasetyo
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.3

Abstract

The demand for the truth that occurs between the epistemology of normative legal science and the epistemology of the sociology of law in Indonesia does not develop positively or can be said to have stagnated. Therefore, it is necessary to reform the epistemology of fiqh from other discourses, such as those contained in a natural law based on religious revelations that touch on the substantial aspects of human spiritual, moral values ​​as God's creatures. The basis for using epistemology of science-based on disclosure is by the times that are experiencing a multi-dimensional crisis due to the wrong way of thinking of humans themselves because they have ignored God's role in regulating human life. This research is library research (library research). Based on the theories and concepts used, the primary data source is a literature study that discusses the idea and image of the convergence of fiqh epistemology from Khudzaifah Dimyati on Thinking & theorizing fiqh. In the holy book and the values ​​of religious teachings. The value of the truth is not only recognized by rational logic and empirical reality but can also be recognized correctly and eternally. As in the prophetic direction, the epistemology of God-based revelation law has dimensions of humanization, liberation, and tridentidity that can guide and guide humans to achieve a better and essential life.
Mandatory Wills for Adultery Children, Analysis of the Compilation of Islamic Law from the Perspective of Maqasid Syariah Al-Syatibi Zainal Arifin; Zaenul Mahmudi
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.4

Abstract

Over time, the development of Islamic law in Indonesia shows relatively rapid growth, both from the institutionalization of law and contemporary Islamic studies. One of them is the mandatory will listed in the Compilation of Islamic Law (KHI) Article 209 Paragraphs 1 and 2. The mandatory will intended in this KHI is the taking of property from the adoptive parent for the adopted child or from the adopted parent for the adoptive parent through a mandatory decision of the award, whether the deceased person pronounces or writes the will when living or not. This KHI is a set of Islamic laws that are the product of Indonesian scholars to answer problems in the community and become a formal reference of judges in deciding a case. Tururanan, from the will of the obligation in the KHI, can then be implemented a mandatory will for adultery children as a protection against it.  This article uses the library research approach and philosophical qualitative-juridical methods, then analyzed using maqasid shari'ah al-Syatibi, in terms of propositions, illah, and maslahat justice by the purpose of shari'ah. Whether the concept of compulsory will for adulterous children is under the objectives of sharia to create ummat benefits or not, the results can later be used as references and evaluation materials by legal experts and legal practitioners in the termination of the court and study materials for academics.
Tackling Offshore Oil Spills to Achieve Maritime Security in Indonesia Desty Bulandari; Widodo; Bayu Asih Yulianto
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.5

Abstract

The increasing demand for and investment in energy production from offshore oil and gas sources in Southeast Asian countries, including Indonesia, has increased the risk of offshore oil spills. This study aimed to describe offshore oil spill response to achieve maritime security in Indonesia. This research is qualitative with findings without going through statistical testing and collecting data sources through library research. Data were analyzed through data condensation, data display, and conclusion drawing and verifying. Environmental, maritime security, mainly from pollution, is classified as the closest part to the marine safety dimension, which aims to protect the marine environment and the blue economy-related to aquatic resources. Oil spills can cause substantial economic losses and endanger ecological systems and community health. The shortcomings in handling the 2009 Montara case showed that offshore oil spill response to achieve maritime security in Indonesia is not optimal.
Urgency of Criminal Functionality on the Perpetrators of Santet Dedi Kurniawan; Saiful Anwar
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.10

Abstract

The belief in the existence of supernatural crimes is inherent in the lives of Indonesian people, the view of people who think that santet is something that can cause harm to others makes santet seen as a crime. Santet is an act of harming others using magic. Departing from this, this study aims to explore criminal law for users of santet crimes. The method used in this research is normative legal research, data obtained through literature study. The study results show that in criminal understanding, santet can be legally accounted for by reviewing articles that substantially imply regulation not only on general issues but also on uncommon issues such as santet. Sorting and clustering the substance of santet becomes the central point so that the arguments issued can be legally accounted for, caution in understanding the sides of the importance of santet will lead to ideas that can be justified. In the understanding of the criminal law of santet which is still difficult to accept by many people, in fact theoretically capable of being legally responsible, an open view of legal issues is the key to how the law can be fully enforced on everything that violates the rights of others, as well as on problems santet by the discussion that has been explained that in understanding the law must be open but not out of the rules of the substance of the existing article.
The Black Lives Matter Movement Affected the View About Racism in the World Bobur Bakhrom ugli Toshbekov
International Journal of Law and Society Vol 1 No 1 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i1.11

Abstract

The study demonstrates that public interest in the BLM plan is fast-growing, even though media and social media data are being utilized to verify BLM protests. While the protests are over, BLM and related issues will be discussed. The acts are likely to have influenced BLM's ideas on social change and grasp of anti-racist ideologies. Because of the Black Lives Movement, racism has changed significantly. Racism has had a significant impact on modern society because it has drawn attention and made people more aware of the fundamental nature of racism. One can't say for sure how many discriminatory acts it has stopped, but it's possible. But it has looked into all of the discriminatory actions that have gone unanswered for a long time now that it has.
Analysis Legal Protection Towards Wife as a Victim in Case Domestic Violence Ferry Irawan Febriansyah; Lucky Andriansyah
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.12

Abstract

The purpose of this study was to obtain data and explain the factors that cause domestic violence. In addition, it is also to explain how far the development of legal protection for wives as victims of domestic violence. This study uses a normative legal research method with a legal approach. Data collected directly from the community is called primary data, while data through library sources is called secondary data, laws and regulations, scientific publications, journals, and research-related papers. Research findings are presented in the form of a systematic description. To evaluate the collected data, a normative analysis approach will be used. Factors causing domestic violence. First, there is a disparity between men and women, both at home and in public. Second, domestic violence is associated with power dynamics between husband and wife and with gender inequality in society. Legal protection for wives who are victims of husband violence. Forms of legal protection for women victims of violence are contained in the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). Forms of legal protection include victims' rights in the form of: protection from family, police, prosecutors, courts, advocates, or other parties temporarily or based on protection orders from courts, health services according to medical needs, and special treatment. Legal protection for perpetrators of physical violence, psychological violence, and sexual violence consists of criminal sanctions.
Sufism’s Status as the Balance of Islamic Law Mosa Alblezi; Mohd Aderi Che Noh; Afiful Ikhwan; Saiful Anwar
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.13

Abstract

The primary desideratum of this paper is to ascertain whether the Sufis are a part of the formative paradigm of the Islamic sciences, respecting the scholars and laws, or is it a schism which is heterogenic to the Islamic sciences. The method used is library. Processing and analyzing data through the process of compiling, categorizing data, looking for content links from various data obtained from the writings, thoughts and opinions of figures or experts.  The essential aspiration must be to construct an authentic evaluation of the traditions of the antecedent aficionados of the ideology without embellishing their educations. Moreover, this paper will present Sufism as a variant type of Islam compared to the typology established in the hermeneutics of the masses in the Occident. The people remain uninformed to the essence of spiritual Islam and consider the religion to be mundane and intolerant. This obliviousness is, of course, is to be expected as Muslims themselves have diverted from the path of esoteric knowledge, once ingrained in the Muslim heritage for over a millennium. While the names of Ghazali and Rumi are renowned, their creed and methodologies are not often evaluated or championed. For this purpose, a meticulous approach is necessitated, through which the reader will ascertain a more thorough and objective comprehension of the faith.
Women’s Empowerment and Political Participation in Cross River South Senatorial District Offiong Erete Ebong; Christopher N. Odock
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.16

Abstract

This research empirically examined the level of women’s empowerment and political participation in the Cross River South Senatorial District (CRSSD), which comprises Akampka, Akpabuyo, Bakassi, Biase, Calabar Municipality, Calabar South, and Odukpani Local Government Areas. A purposive sampling procedure was used to select the study’s sample population. Two hundred and fifty-nine (259) structured questionnaires (used as data) were evenly distributed to respondents in the aforementioned local government areas. Using the split-half, test, and re-test procedures, these structured questionnaires were validated and evaluated for reliability to assure the credibility and use of the data collected for this study. The data obtained from our survey was subjected to descriptive and inferential statistical analysis to confirm the hypotheses generated to guide the study. The results revealed that women are underrepresented in governance and decision-making positions in the Cross River South Senatorial District. It was also noticed that women did not react favourably to the limited possibilities for increased political participation that were presented to them. Traditional gender roles, gender-based stereotypes and discriminatory attitudes, violence against women in politics, and a lack of financial resources were significant factors discouraging women from participating in politics. This work concludes that marginalised women’s views must be heard for societal progress and development.
Gratification Prevention and Control in PT PJB Ubjom Pacitan Ucuk Agiyanto; Lila Afrida Febriana
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.17

Abstract

The practice of gratification has become commonplace in the corporate environment. To prevent gratification practices, a Gratification Control Unit was formed within PT PJB UBJOM Pacitan. With the establishment of the Gratification Control Unit, it is hoped that it can prevent and control gratification practices at PT PJB UBJOM Pacitan which incidentally is one of the subsidiaries of the State Electricity Company, which is part of the State-Owned Enterprises. This study aims to explain the basis of gratification control within the company and to find out how the practice of gratification control at PT PJB UBJOM Pacitan. This study uses a normative and empirical juridical approach, which is the relationship between statutory provisions and the implementation mechanism in the company. Prevention and control efforts that have been carried out are in the form of establishing a code of conduct between employees and stakeholders inside and outside the company. The field that plays a role in this gratification action is MMR (Quality and Risk Management), with socialization among parties within the company.

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