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Rule of Law Studies Journal
ISSN 3109-3450 · CV. DYOQU Publishing Management · 20 artikel di indeks
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Artikel Jurnal
Criminal Responsibility of Drivers under Narcotics Influence in Fatal Road Accidents: An Indonesian Legal Study
Background: In recent years, Indonesia has faced a worrying rise in fatal road accidents caused by drivers under the influence of narcotics, bringing urgent questions about accountability before the law. Aims: This paper examines how criminal responsibility is applied to drivers involved in such…
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Artikel Jurnal
Recognizing Indigenous Legal Standing in Forest Administration: Advancing Sustainable Management of Customary Forests in Indonesia
Background: Although the Constitutional Court of Indonesia ruled in Decision No. 35/PUU-X/2012 that customary forests are no longer categorized as state forests, the absence of a specific law recognizing indigenous legal status continues to create legal ambiguity. This regulatory gap weakens the…
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Artikel Jurnal
Justice Beyond Legal Formalism: A Maslahah-Oriented Reading of Criminal Law Enforcement in Indonesia through Rawls and Hamka
Background: Criminal law enforcement in Indonesia is still widely understood as a matter of procedural compliance and formal proof, while the dimension of justice experienced by society often remains marginal. Aims: This article aims to reread criminal law enforcement by positioning maslahah as an…
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Artikel Jurnal
Legal Justice for Revenge Porn Victims: Rethinking Indonesia's Cyber Law from a Victim-Centered Perspective
Background: The dissemination of intimate content without consent, commonly known as revenge porn, has emerged as a serious form of cybersexual violence in the digital era. The perpetrators often use social media platforms to spread such content as a form of retaliation. This issue poses…
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Artikel Jurnal
The Transformation of Judicial Supervision: Tracing the Legacy of Qadhi al-Qudhah in Shaping Indonesia’s Modern Judicial Commission
Background: The practice of judicial oversight plays a central role in maintaining the credibility of a legal system. In Indonesia, this function has evolved through institutional reforms and bears conceptual resemblance to historical Islamic governance, particularly the role of Qadhi al-Qudhah…
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Artikel Jurnal
Contextualizing Community Health Practices within Islamic Legal Norms and Government Regulation: A Field-Based Inquiry from Rural Indonesia
Background: In remote regions of Indonesia, public health centers remain essential yet frequently struggle with service delivery challenges. Islamic legal traditions, which emphasize the protection of life and well-being, offer a complementary framework to evaluate such services alongside…
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Artikel Jurnal
Islamic Legal Perspective on the Enforcement of Public Order in Bandar Lampung Regional Regulation on Urban Conduct
Background: Local regulations on urban conduct are designed to uphold order and public welfare in Indonesian cities. In Bandar Lampung, however, the practical application of such regulations reveals persistent enforcement gaps. Aims: This research seeks to evaluate how effectively public order…
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Artikel Jurnal
Navigating Legal Complexities: An Empirical Exploration of Minority Shareholders’ Rights in Indonesia’s Corporate Governance Framework
Background: In the context of limited liability companies in Indonesia, minority shareholders often encounter structural disadvantages due to the dominance of majority shareholders. Despite having derivative rights as a legal safeguard, exercising these rights in practice remains a complex…
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Artikel Jurnal
Reconfiguring the Legal Standing of Baitul Maal wat Tamwil: Examining the Tension between Cooperative and Corporate Models in Indonesia
Background; Baitul Maal wat Tamwil (BMT) plays a dual role by combining community welfare with financial services. The enactment of the 2013 Microfinance Law, however, obliges BMT to operate either as a cooperative or a limited company, producing uncertainty about its legal foundation. Aims; This…
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Artikel Jurnal
Legal Certainty and the Protection of Street Children: A Socio-Legal Inquiry into Local Governance in Indonesia
Abstrak Background: Street children’s protection is often discussed as if good regulations are enough, yet legal certainty rarely follows from text alone. In Indonesia, local governments are expected to convert child protection mandates into routine safeguards while facing capacity constraints…
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Artikel Jurnal
The Impact of Co-residence with Parents on Marital Satisfaction: Evidence from Indonesian Muslim Households
Background: In Indonesian Muslim communities, it is common for married couples to live with their parents or in-laws due to cultural traditions and economic factors. While this arrangement may provide support, it can also affect the quality of the marital relationship, especially in terms of…
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Artikel Jurnal
Democracy and the Political Rights of Former Prisoners in Indonesia: A Legal Perspective
Background; Debate persists over whether former prisoners may stand in Indonesia’s local elections; Constitutional Court Decision No. 42/PUU-XIII/2015 reshapes the line between electoral integrity and rights protection. Aims; To unpack the Court’s reasoning and assess how it protects ex-prisoners’…
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Artikel Jurnal
A Legal Review of Standardized Loan Contracts in Cooperatives: Case Study from the District Court of Kediri
Background: Standardized loan agreements are commonly used in cooperatives, but often raise concerns about fairness due to the unequal bargaining position of borrowers. When such contracts are imposed unilaterally, they may contradict principles of consumer protection and contract justice. Aims…
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Artikel Jurnal
Legal Pluralism and Indigenous Rights: The Case of the Indigenous Forest People of Jambi, Indonesia
Background:Numerous indigenous groups in Indonesia, including the Orang Rimba (Suku Anak Dalam) in Jambi Province, experience challenges in asserting their traditional land rights. The expansion of government and private land use frequently triggers conflicts, highlighting a gap between customary…
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Artikel Jurnal
Tracing the Dynamics of Land Corruption Investigations in Indonesia: A Case Study from Kuantan Singingi
Background; Corruption in Indonesia’s land sector undermines public confidence, with overlapping rules creating obstacles for fair investigation and prosecution. Aims; This research examines how land-related corruption is investigated by the District Prosecutor’s Office in Kuantan Singingi. It aims…
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Artikel Jurnal
Beyond Procedural Correctness: Legal Formalism and the Search for Justice in Indonesian Criminal Law
Abstrak Background: Indonesian criminal law enforcement frequently privileges procedural accuracy as the clearest sign of justice. Yet decisions that satisfy formal requirements may still be experienced as unfair when they disregard social context and the substance of harm. Aims: This article…
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Artikel Jurnal
Normative Review of Legal Authority and Certainty in Land Tax Determination Based on NJOP in Indonesia
Background: Disparities in land taxation frequently emerge in Indonesia, triggered by differing valuation practices between local fiscal authorities and national tax offices. The application of NJOP as the tax base often clashes with actual sale values, generating uncertainty in legal…
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Artikel Jurnal
Evidentiary Status of Crown Witnesses in Indonesia’s Anti-Corruption Proceedings: Legal Challenges and Human Rights Implications
Background: In corruption trials in Indonesia, the reliance on crown witnesses is widely debated. Their testimony may fill evidentiary gaps, yet the lack of explicit rules in KUHAP raises serious concerns about fairness and the protection of defendants’ rights. Aims: This paper examines how crown…
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Artikel Jurnal
Moral Authority of Procedure and Recidivism: Reassessing the Limits of Restorative Justice in Criminal Law
Abstrak Background: Restorative justice is intended to repair harm and offer a credible alternative to routine punitive responses, yet its practice is often narrowed by procedural eligibility rules that come to be treated as the measure of justice itself. A recurring illustration is the blanket…
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Artikel Jurnal
Reconsidering Racial and Ethnic Discrimination in Indonesia’s Criminal Law Reform from an Islamic Human Rights Perspective
Abstrak Background: Indonesia’s 2023 Criminal Code introduces explicit criminal provisions on racial and ethnic discrimination in a diverse society where identity based conflict has not disappeared. The reform, however, still invites debate on whether it offers real safeguards for victims or mainly…