International Journal of Educational Review, Law And Social Sciences (IJERLAS)

TITLE CHALLENGES OF GENDER DISCRIMINATION AND PAY INEQUALITY ENCOUNTERED BY WOMEN IN SOUTH AFRICAN WORKPLACES

Phoke Alpha Rakgwata, Turmelo Sekgobela — Tue, 18 Mar 2025 00:00:00 +0000

Women experience various challenges that leads to gender inequality. The patriarchal system in various countries subject women to slavery and undue pressure. Globally, women continue to be subject of inequality and are not treated the same way that other genders would. Religion, culture, norms and customs are some of the elements that contribute to the challenges faced by women throughout the world. The patriarchal system believes in subjecting women to have less rights as compared to the male gender. The purpose of this paper was to address the challenges faced by women in their workplaces on daily basis. It further sought to challenge the perception about women incompetence in performance of their duties. Gender equality will achieve its intended purpose when there is diversity and equal treatment of all genders. The study adopted the qualitative research approach to gain better understanding of the phenomenon within the natural setting. The ecological theory was used as a theoretical framework to understand the gender discrimination, inequality and pay gap. The theory was applied to bring foundation and confirm the findings of the study. The study found that South African workplace is vulnerable for gender discrimination, inequality and pay gap. Transformation of the workplace should be prioritized to be inclusive of all genders. It further highlighted the importance of the implementations of the existing policies.

LEGAL ANALYSIS OF LAND BANK INSTITUTIONS IN INDONESIA (Comparative Study with the United States)

Devi Febriyanti, Rehnalemken Ginting, Waluyo — Tue, 18 Mar 2025 00:00:00 +0000

This study analyzes the idea and implementation of the Land Bank in Indonesia, comparing it with similar systems in other nations, especially the United States. This study aims to examine the Land Bank policy in Indonesia, juxtapose its frameworks with those in the United States, and formulate an optimal Land Bank concept suitable for implementation in Indonesia. This study employs a normative juridical methodology using comparative legal and philosophical methods. The findings indicate that although the Land Bank in Indonesia has the same aims as its counterpart in the United States, namely land management for public benefit, there are considerable disparities in operational and regulatory methodologies. In Indonesia, the Land Bank is mostly centralized and oriented towards social concerns, but in the United States, it is more decentralized and operates as a financial entity. The optimal framework for a Land Bank in Indonesia must emphasize justice, openness, and sustainability, while enhancing the function of Notary/PPAT and improving the integration of land information systems. This study underscores the significance of cooperation among the government, corporate sector, and communities to establish an efficient and sustainable Land Bank in Indonesia.

STRATEGY OF HUMAN RESOURCES AND MODERN MARKETING ABILITY TOWARDS IMPROVING THE CREATIVE ECONOMY THROUGH SUPPORT GOVERNMENT IN LAKE TOBA TOURIST DESTINATION

Bunga Aditi — Sun, 30 Mar 2025 00:00:00 +0000

In improving tourist destinations, especially concerning the process that will be developed by creative business actors to be able to improve the creative economy, modern human resource and marketing capabilities are needed which illustrate the existence of strategies carried out through internal processes so that the impact has an influence in improving the creative economy of the Lake Toba tourist destination. The purpose of this studyreview and analyze HR Capabilities and Online Marketing Strategies for Government Support in improving the creative economy at Lake Toba tourist destinations.This study uses data analysis methods using softwareAndSmartPLS.The results of the study showedModern HR and marketing capabilities have a significant effect on government support. Government support has a significant effect on increasing the creative economy. Government support as an intervening variable has a significant impact on increasing the influence of Modern HR and Marketing capabilities on increasing the creative economy.

DECENTRALIZATION AND GOVERNANCE: EVALUATING POLICY EFFECTIVENESS IN FEDERAL STRUCTURES

Wed, 12 Mar 2025 00:00:00 +0000

Decentralization, the process of transferring authority and decision-making power from central governments to regional or local governments, plays a critical role in shaping governance in federal systems. This paper explores the relationship between decentralization and governance effectiveness, focusing on how decentralization impacts policy outcomes in federal structures. Through theoretical analysis and case studies from countries such as the United States, India, and Brazil, the paper evaluates the potential benefits and challenges associated with decentralized governance. The study examines how decentralization can improve policy effectiveness by better aligning decisions with local needs, but also highlights issues such as resource disparities, administrative capacity, and coordination challenges. The paper concludes with recommendations on how decentralization can be designed and implemented to enhance policy outcomes, improve governance efficiency, and achieve a more balanced and equitable distribution of public services.

THE POSITION OF AMICUS CURIAE IN THE EVIDENTIARY PROCESS OF CRIMINAL CASES IN INDONESIA

I Made Bima Cahyadi, Faizin Sulistio, Bambang Sugiri — Thu, 27 Mar 2025 00:00:00 +0000

This study examines the role of Amicus Curiae in the Indonesian legal system, particularly its impact on judicial decision-making despite the absence of explicit procedural regulations in the Criminal Procedure Code (KUHAP). Through qualitative analysis of landmark cases, including the Prita Mulyasari case, this research highlights how third-party legal opinions contribute to more just and transparent verdicts. The study identifies key challenges, such as inconsistent acceptance and limited awareness among legal practitioners, while also exploring potential frameworks for institutionalizing Amicus Curiae in both criminal and civil cases. By analyzing comparative legal perspectives and best practices from other jurisdictions, this research advocates for clearer guidelines to enhance its legitimacy and effectiveness in Indonesia. The findings underscore the necessity of formal recognition to strengthen judicial credibility, ensure fairness, and uphold fundamental human rights. Ultimately, institutionalizing Amicus Curiae would foster a more inclusive and participatory legal system, aligning Indonesia’s judiciary with global standards of legal justice and due process.

EXPLORİNG SUBJECT MATTER KNOWLEDGE OF SOME TEACHERS İN THE SENİOR PHASE NATURAL SCİENCE CLASSROOM

Ndivhuwo Prudence Netshivhumbe — Mon, 17 Mar 2025 00:00:00 +0000

The purpose of this interpretative qualitative study was to examine the subject matter knowledge of senior phase natural science teachers in some of the schools positioned in the Vhembe district of the Limpopo province. A Classroom Practice Diagnostic Framework has been used as a theoretical framework for this study. Classroom observations and interviews were used to collect data from natural science teachers. The results of the study show that teachers have subject matter knowledge as they were able to teach natural science subject to their learners, clarify misconceptions and learners were able to relate what they are taught in natural science with their environment. However, the teachers did not specialised with natural sciences in their teaching qualifications. Furthermore, teachers employed different methods such as questioning, demonstrations, examples and discussions which encouraged and motivated learners to actively participate in their learning. The findings also revealed that teachers used different materials to support their classroom practices and to assist learners in understanding the concepts taught. It is recommended that teachers should be encouraged to attend subject matter knowledge continuous development programmes to enhance their knowledge in all subjects they teach for learners to have a good foundation and interest on their school subjects.

THE ROLE OF CIVIL SOCIETY IN ADVANCEMENT OF DEMOCRACY IN SOUTH AFRICA

Phoke Alpha Ragwata — Tue, 18 Mar 2025 00:00:00 +0000

In South Africa, a nation dealing with issues like socioeconomic inequality and governmental corruption, this study explored the vital role that civil society plays in promoting democracy. The aim was to examine the ways in which civil society organizations support civic engagement, hold the government responsible, and aid in democratic processes. The study highlights the diverse contributions of civil society by synthesizing existing literature, reports, and case studies using a thorough desktop research process. Results shows that civil society serves as a watchdog, promoting openness and human rights while also increasing public awareness and involvement. In order to preserve and improve democratic norms and guarantee a fairer and more inclusive political environment in South Africa, the conclusion highlights the importance of bolstering civil society.

HARNESSING ARTIFICIAL INTELLIGENCE FOR GOVERNANCE EFFICIENCY IN FCT, ABUJA

Adedeji Daniel Gbadebo — Sun, 30 Mar 2025 00:00:00 +0000

The study investigates the use of artificial intelligence (AI) to improve government efficiency in the Federal Capital Territory (FCT), Abuja. The study, based on Socio-Technical Systems (STS) Theory, investigates the interaction between technical breakthroughs and social systems in governance. The study used a survey method where a structured questionnaire was given to 385 respondents by stratified random sampling, with data analyzed using the chi-square statistical method. The findings show that AI greatly enhances decision-making and service delivery, with 71% of participants believing in its revolutionary potential. Inadequate infrastructure and a lack of technical skills are among the key concerns cited. The study emphasizes the necessity for strong digital frameworks, capacity building, and ethical concerns in AI integration. Infrastructure improvements, focused AI training for public authorities, and small-scale pilot projects in healthcare, transportation, and urban management are among the recommendations made to foster citizen trust and inclusion. The findings provide policymakers with concrete insights into using AI as a catalyst for successful governance in Abuja, promoting transparency, responsiveness, and economic growth.

DEVELOPMENT OF AUDIO VISUAL MEDIA TO IMPROVE FARDU KIFAYAH SKILLS IN FIQH LEARNING IN PHASE E CLASS X OF STATE SENIOR HIGH SCHOOL I PADANG LAWAS

Fitriani Siregar, Muhammad Darwis Dasopang, Abdusima Nasution — Tue, 18 Mar 2025 00:00:00 +0000

The process of learning Fiqh, specifically the material on fardu kifayah, is not fully facilitated by the presence of textbooks alone, which only provide theoretical content to students. There is no direct practice due to insufficient time. The research problem formulated in this study is: How is the initial research of Audio-Visual Media for Fiqh Learning on Fardu Kifayah for Class X students at Madrasah Aliyah Negeri I Padang Lawas? What is the validity level of the Development of Audio-Visual Media to Improve Fardu Kifayah Skills for Class X students at Madrasah Aliyah Negeri I Padang Lawas? What is the practicality level of the Development of Audio-Visual Media to Improve Fardu Kifayah Skills for Class X students at Madrasah Aliyah Negeri I Padang Lawas? What is the effectiveness level of the Development of Audio-Visual Media to Improve Fardu Kifayah Skills for Class X students at Madrasah Aliyah Negeri I Padang Lawas? This research is a Research and Development (R&D) study with stages including analysis, design, development, implementation, and evaluation. The study was conducted at Madrasah Aliyah Negeri I Padang Lawas. The subjects of this study were 38 students of class X IIS 1, consisting of 14 males and 24 females. Data collection techniques included observation and questionnaires. The validation results in this study indicate that the audio-visual media validation by material experts is 94%, declared valid and usable after revision, and the media validation result is 90%, declared valid and usable after revision. The response of the Fiqh subject teachers was 90%, and the response of the curriculum teachers was 88%. The response of the students to the audio-visual media was 90%. The results of this study indicate that the audio-visual learning media for the Fiqh subject, implemented in class X IIS 1, showed an improvement in test scores from a pre-test score of 52.23% to a post-test score of 91.44%. Therefore, using this audio-visual media resulted in an increase of 39.21% from pre-test to post-test scores. It can be concluded that the audio-visual media for the Fiqh subject is suitable for use and can improve student learning achievement.

DISCRETION LIMITS IN GOVERNMENT GOVERNANCE POLICY

Muhammad Bagus Adi Wicaksono — Sun, 23 Mar 2025 00:00:00 +0000

Kebijakan diskresi merupakan aspek penting dalam administrasi pemerintahan. Dalam setiap struktur pemerintahan, konsep diskresi harus digunakan. Diskresi memungkinkan otoritas pemerintah untuk membuat penilaian yang tidak harus diatur secara ketat oleh hukum. Salah satu contoh kebijakan diskresi adalah ketika seorang pejabat di kantor perizinan memiliki kemampuan untuk memberikan izin mendirikan bangunan (IMB) setelah memeriksa rencana pembangunan. Penelitian ini merupakan penelitian normatif yang menyelidiki tujuan hukum, nilai-nilai keadilan, validitas aturan hukum, konsepsi hukum, dan norma hukum. Penelitian ini mengandalkan sumber-sumber hukum primer, sekunder, dan tersier sebagai sumber informasi. Penggunaan pertimbangan independen oleh badan/pejabat administrasi negara hanya diperbolehkan dalam hal peraturan perundang-undangan yang berlaku tidak mengaturnya atau peraturan yang ada tidak jelas mengaturnya, yang dilakukan dalam keadaan darurat/mendesak demi kepentingan umum sebagaimana ditentukan oleh peraturan perundang-undangan. Kegentingan yang dimaksud adalah suatu masalah yang berkembang secara tidak terduga demi kepentingan umum dan harus diselesaikan dengan cepat, namun peraturan perundang-undangan belum mengaturnya atau hanya mengatur secara umum. Sedangkan pengertian kepentingan umum adalah kepentingan bangsa dannegara atau kepentingan masyarakat bersama atau kepentingan pembangunan, sesuai dengan peraturan perundang-undangan yang berlaku. Disamping itu, batasan atau rambu-rambu dalam penggunaan diskresi adalah Asas-Asas Umum Pemerintahan Yang Baik (AUPB).

COMMUNITY DEVELOPMENT THROUGH SOCIAL ACTION: A STUDY OF THE IMPACT OF COMMUNITY-LED INITIATIVES ON SOCIAL CHANGE IN SOUTH AFRICA

Phoke Alpa Rakgwata, Janine Shout Ramothwa, Decent Munzhelele — Tue, 18 Mar 2025 00:00:00 +0000

Community development through social action has emerged as a crucial pathway for addressing socio-economic challenges and promoting sustainable change. The study explores the role of community-led initiatives in fostering social change within South Africa, focusing on how such grassroots movements contribute to the broader process of community development. The aim of the study is to investigate the impact of community-driven actions on social change, examining their effectiveness in addressing local issues, empowering marginalized groups, and promoting sustainable development. A qualitative approach was employed to capture the depth and nuances of community experiences, with exploratory research guiding the investigation into various community-led programs and their outcomes. Comprehensive desktop research was utilized to gather secondary data, drawing on existing literature, reports, and case studies relevant to the topic. The data collected was then analyzed using thematic analysis to identify key patterns and themes that shed light on the ways in which community action influences social transformation. The findings contribute to a deeper understanding of the transformative potential of community-led initiatives and offer insights for policy makers, practitioners, and scholars seeking to enhance social development in South Africa and similar contexts.

REFORMULATION OF THE PENAL MEDIATION ARRANGEMENT IN TRAFFIC OFFENSES

Yudhi Darmansyah, Faizin Sulistio, Abdul Madjid — Sat, 29 Mar 2025 00:00:00 +0000

The implementation of penal mediation within the Indonesian legal system presents a promising alternative to traditional criminal proceedings, especially in cases involving traffic accidents caused by negligence. Penal mediation offers a non-litigation mechanism that prioritizes rehabilitation, the restoration of relationships between victims and offenders, and the promotion of peace. While traffic accidents cause significant harm to victims, involving them in the mediation process helps clarify the offender's responsibilities and provides an opportunity for restorative justice. Moreover, penal mediation can help prevent the negative consequences of imprisonment, which not only affects the offender but also their family and society at large. However, the absence of specific legislation governing penal mediation within the Criminal Justice System poses challenges, making it difficult for law enforcement officials to provide legal certainty in cases involving traffic violations under the Traffic Law. Therefore, it is essential for future reforms to address these gaps, ensuring that penal mediation can be effectively implemented in traffic accident cases to achieve more humane and restorative outcomes.

THE RENAISSANCE KING: ZAIN-UL-ABIDIN’S REIGN IN KASHMIR

Mon, 24 Feb 2025 00:00:00 +0000

Sultan Zain-ul-Abidin, popularly known as Budshah (The Great King), was a transformative ruler whose reign (1420–1470 A.D.) marked a golden era in Kashmiri history. Revered for his visionary leadership, he championed religious tolerance, cultural revival, and economic prosperity, earning him the title of "The Renaissance King." Zain-ul-Abidin fostered harmony among Kashmir’s diverse communities, creating an environment of inclusivity and social cohesion. His reign saw a flourishing of arts, crafts, and literature, making Kashmir a hub of cultural excellence. He introduced administrative reforms, improved irrigation systems, and revitalized agriculture, significantly enhancing the region’s prosperity. Budshah's patronage of artisans and scholars elevated Kashmir’s status as a center of learning and craftsmanship. His emphasis on justice and welfare reflected his deep commitment to his people. This abstract explores the multifaceted achievements of Zain-ul-Abidin and their enduring impact, celebrating his legacy as a beacon of enlightened governance in medieval India.

EVALUATION OF CURRICULUM MANAGEMENT IN IMPROVING THE QUALITY OF EDUCATION IN STATE SENIOR HIGH SCHOOLS IN DELI SERDANG REGENCY, NORTH SUMATERA PROVINCE

Panigoran Siburian — Tue, 18 Mar 2025 00:00:00 +0000

This study aims to evaluate curriculum management in improving the quality of education in Senior High Schools in Deli Serdang Regency. The focus of the study includes the planning, implementation, and supervision of the curriculum applied in five schools selected by Purposive Sampling. The research approach uses a qualitative method with data collection techniques through in-depth interviews, observations, and documentation studies. Data are analyzed using an interactive model involving data reduction, data presentation, and drawing conclusions. The results of the study indicate that curriculum planning in Senior High Schools in Deli Serdang Regency has referred to national education standards, but there are still challenges in adjusting the curriculum to local needs. The implementation of the curriculum is going quite well, but faces obstacles in the availability of resources, such as competent teaching staff and supporting facilities. Curriculum supervision is carried out periodically, but still needs strengthening to ensure consistency between planning and implementation. Therefore, curriculum management has an important role in improving the quality of education, but further efforts are needed to improve synergy between stakeholders, empower teachers, and optimize supporting facilities. This study recommends a strategy for improving curriculum management based on collaboration to support higher quality education that is relevant to the needs of the community in Deli Serdang Regency.

THE EFFECT OF INTERPERSONAL COMMUNICATION AND WORK MOTIVATION ON JOB SATISFACTION OF CONTRACT EMPLOYEES AT PT. PERKEBUNAN NUSANTARA IV REGIONAL OFFICE II MEDAN

Muhammad Daffa Ramadhan Siregar, Iskandarini, Vivi Gusrini Rahmadani — Tue, 18 Mar 2025 00:00:00 +0000

This study aims to analyze the effect of interpersonal communication and work motivation on job satisfaction of contract employees (PKWT) at PT. Perkebunan Nusantara IV Regional Office II. The plantation sector, especially palm oil, has an important role in the Indonesian economy, but the work contract system is often associated with low levels of job satisfaction. Lack of interpersonal communication and work motivation are thought to be the main factors affecting job satisfaction of contract employees. This study uses a quantitative approach with the causal associative method. Data were collected through questionnaires distributed to 61 contract employees and analyzed using multiple linear regression. The classical assumption test was also conducted to ensure the validity of the research model. The results showed that interpersonal communication had a positive and significant effect on job satisfaction. The better the communication between employees and superiors, the higher the job satisfaction felt. Work motivation also had a positive and significant effect on job satisfaction, where employees with high motivation tended to be more satisfied with their jobs. Simultaneously, interpersonal communication and work motivation had a significant effect on job satisfaction of contract employees. These findings emphasize the importance of improving communication between employees and superiors as well as providing incentives and career development opportunities to increase work motivation to improve employee job satisfaction.

SYNERGY OF ISLAMIC BOARDING SCHOOL MANAGEMENT AND SHARIA ECONOMICS IN FOSTERING THE INDEPENDENCE OF AT-TAMUR STUDENTS

Intan Nurrachmi, Panji Adam Agus Putra — Sun, 30 Mar 2025 00:00:00 +0000

Pesantren in this day and age must be an educational institution that instills Islamic values as a whole, both teaching worship procedures and social social procedures. The management of the pesantren must synergize with other fields in order to make students independent in meeting their life needs. This study aims to analyze the synergy between pesantren management and sharia economics in fostering student independence at the At-Tamur Islamic Boarding School. The research method used is qualitative with a case study approach. Data were collected through observations, in-depth interviews, and documentation studies. The results of the study show that the integration between effective pesantren management and the application of sharia economic principles is able to create an environment that supports the development of student independence. Programs such as sharia cooperatives, entrepreneurship training, and sharia-based financial management are the main keys in achieving these goals. This synergy not only increases the financial independence of students but also forms a character in accordance with Islamic values.

INTERNATIONAL LAW OF THE SEA ENFORCEMENT ON ILLEGAL SEA DEFENCES: A CASE STUDY OF TANGERANG AND BEKASI WATERS

Rizqi Bekti Pratama — Tue, 18 Mar 2025 00:00:00 +0000

This research aims to address the growing problem of illegal sea fencing in Tangerang and Bekasi waters, which has significant negative impacts on marine ecosystems, biodiversity and the livelihoods of local fishing communities. This research explores the effectiveness of international legal frameworks, specifically the United Nations Convention on the Law of the Sea (UNCLOS), in regulating and enforcing maritime activities related to illegal sea fencing in Indonesia. The study will evaluate the role of national law enforcement agencies in addressing illegal practices such as unauthorised fishing, sand mining and smuggling, focusing on jurisdictional challenges and enforcement mechanisms. The benefits of this research are enhancing marine conservation efforts, improving law enforcement practices, supporting coastal communities by protecting their livelihoods, promoting international cooperation in maritime law enforcement, and increasing public awareness of legal compliance to ensure more sustainable use of marine resources. This article emphasises the need for stronger enforcement mechanisms, clearer regulations and better coordination among stakeholders. A more integrated approach, involving local communities alongside the government, is essential to effectively tackle illegal marine fencing and protect the environment and livelihoods of local people. The study also revealed that current legislation does not fully address the complexity of the issue, such as the wider environmental impacts of sea fences and the economic impact on the region.

CONCEPTION OF ACEH GOVERNMENT POLICY IN STRUCTURING THE CONTROL AND USE OF AGRICULTURAL LAND TO REALIZE THE IMPROVEMENT OF FARMERS' LIVING STANDARDS IN ACEH

Ria Fitri, Nursiti, Dedy Yuliansyah, Muammar — Mon, 17 Mar 2025 00:00:00 +0000

This paper aims to examine the policy concept of the Aceh Government and Regency/City Governments in Aceh in structuring the control and use of agricultural land to realize an increase in the livelihood of farmers in Aceh. This research uses qualitative methods, secondary data in the form of field and library data, analyzing relevant documents, government reports, case studies and literature. Article 171 and Article 213 paragraph (2) The Aceh Government has the authority to regulate the use and use of agricultural land autonomously in accordance with the geographic conditions and characteristics of the Acehnese people. The conception of the principle of land must be able to prosper the people, especially the peasants as the basis of Law 56 of 1960 and Government Regulation No. 224 of 1961 can be used as a conception in the formulation of regional policies in Aceh in order to realize a prosperous peasant community. The results show that in Aceh there are many farmers who have land below 0.5 ha and farmers who do not have land and absentee farmers. The reason is that the Aceh Government has not used this authority and has not had the right conception to regulate the control and use of agricultural land to improve the living standards of farmers, while still paying attention to and maintaining the habits that live and develop in the Acehnese people which are sourced from Islamic religious law and customary law.

BUSINESS DEVELOPMENT ANALYSIS OF BUSINESS MODEL CANVAS (BMC) AND SWOT IN WEST BEKASI COFFEE INTERMEDIARY UMKM

Ida Hendarsih, Amas Sari Martanti, Diana Tambunan — Tue, 18 Mar 2025 00:00:00 +0000

Coffee Intermediary Business as an MSME business still needs optimization for business development. The purpose of this study is to analyze the canvas business model and SWOT analysis to provide business improvements in Coffee Intermediary MSME. The analysis method used in the study is descriptive qualitative, while the data analysis technique used is BMC (Business Model Canvas). The data used includes primary and secondary data. The results of the study indicate that the Coffee Intermediary MSME business model needs to be improved in the elements of key partners, key activities, key resources, revenue streams, while the results of the SWOT analysis showed high scores on IFE (4.22) and EFE (4.33), indicating a strong competitive position with significant market opportunities, but to maintain its business excellence, Coffee Intermediary must continue to improve its strengths and improve its weaknesses.

THE ROLE OF INDIGENOUS KNOWLEDGE SYSTEMS IN ADDRESSING INTERGENERATIONAL TRAUMA: A STUDY OF INDIGENOUS COMMUNITY-BASED INITIATIVE

Ompha Mpilo, Decent Munzhelele, Shine Chauke — Thu, 27 Mar 2025 00:00:00 +0000

This study explores the role of Indigenous knowledge systems in addressing intergenerational trauma through community-based initiatives, using a qualitative research approach with an exploratory design. Employing a comprehensive desktop methodology, the research draws on a wide range of secondary sources, including academic literature, reports, and case studies of Indigenous-led healing initiatives. The data was analyzed thematically to identify key patterns and insights related to the effectiveness of Indigenous knowledge in healing trauma across generations. The findings highlight the significance of cultural revitalization, identity restoration, collective healing, and the pivotal role of elders in transferring intergenerational knowledge. The study also emphasizes the holistic nature of Indigenous healing, which integrates physical, mental, emotional, and spiritual well-being. Despite the barriers to integrating Indigenous knowledge into mainstream healing practices, including institutionalized marginalization and cultural misunderstanding, the research demonstrates how land-based practices and community solidarity contribute to resilience and empowerment. The study concludes that Indigenous knowledge systems offer profound insights into trauma recovery, promoting a culturally grounded approach that can enhance contemporary healing efforts and address the ongoing effects of colonization.

MEASURING THE PERCEPTIONS OF WHERE AND WHEN MOST RESIDENTIAL BURGLARIES OCCUR IN THE NEWLANDS EAST POLICING PRECINCT, DURBAN

Nokukhanya Neptune Mbonambi — Tue, 18 Mar 2025 00:00:00 +0000

This study examines the spatial and temporal distribution of residential burglaries in the Newlands East Policing Precinct of Durban, South Africa. Understanding the geographic and temporal patterns of crime is essential for developing effective crime prevention strategies and optimizing resource allocation. A qualitative research design was employed, utilizing focus group discussions and semi-structured interviews with 37 participants, including members of the South African Police Services (SAPS), Community Policing Forums (CPFs), local ward councillors, and community members. Findings indicate that burglaries are spatially concentrated in the Newlands West area and exhibit seasonal fluctuations throughout the year. Key contributing factors to burglary prevalence include poverty, inequality, and unemployment, underscoring the socio-economic dimensions of crime in the study area. The research highlights the necessity for a multi-stakeholder approach involving law enforcement, government agencies, and community members to effectively address residential burglaries. This study contributes to the limited empirical research on the spatial and temporal aspects of residential burglary in South Africa. It emphasizes the importance of targeted crime prevention measures and strategic policing interventions to mitigate burglary rates. The findings support the need for future research to further explore the socio-economic drivers of crime and the effectiveness of various crime prevention initiatives.

THE ROLE OF JUDGES IN ADJUDICATING DEFAULT CASES CONTAINING ELEMENTS OF ABUSE OF CIRCUMSTANCES IN THE BANKING SECTOR

Wandita Pramesthi, Reka Dewantara, Yenny Eta Widyanti — Tue, 18 Mar 2025 00:00:00 +0000

Abstract

In the Indonesian civil law system, the role of judges is crucial in adjudicating cases involving contractual legal relationships, particularly in banking default cases. Injustice often arises from the abuse of circumstances, where debtors who are in a weak position are often victims of adverse bank policies. Additionally, high interest rates and oppressive contractual clauses pose significant challenges for judges. This research shows that disparities exist in court decisions on abuse of circumstances, creating legal uncertainty. Using a normative juridical approach, this research examines the need for clear legal guidelines from the Supreme Court to establish uniformity in the handling of default cases. Stronger regulations are expected to ensure that judges make more judicious decisions and uphold justice for all parties. This research emphasises the importance of applying the principle of fairness in contracts, so that freedom of contract does not neglect the rights of weaker parties.

Keywords: Judges, Abuse of Circumstances, Fairness in Banking Contracts

LEGITIMACY OF IMMEDIATE EXECUTABLE JUDGMENT (UITVOERBAAR BIJ VOORRAAD) IN SMALL CLAIMS COURT

Gerry Geovant Supranata Kaban, Afifah Kusumadara, Dhia Al Uyun — Sun, 30 Mar 2025 00:00:00 +0000

The immediate executable judgment (uitvoerbaar bij voorraad) is a form of judgment in civil procedural law that can be executed first, even though it does not yet have permanent legal force (inkracht van gewijsde). In the context of small claims court, the issuance of an immediate executable judgment raises questions regarding its legitimacy and implications for the principles of justice and legal certainty. This research aims to analyze the legitimacy of issuing immediate executable judgment in small claims court cases through juridical aspects. The research method used is normative juridical with a normative legal research approach and a conceptual approach. The data used includes relevant legal regulations, court decisions, and relevant legal literature. The research results indicate that judges have the authority and legitimate legitimacy to issue immediate executable judgment when examining, adjudicating, and deciding small claims court cases while still adhering to the strict terms and conditions outlined in Article 180 paragraph (1) of the HIR and Article 191 paragraph (1) of the RBg junctis SEMA Number 3 of 2000 concerning Immediate Executable Judgment (Uitvoerbaar bij Voorraad) and Provisional, to ensure aspects of legal certainty, usefulness, and justice.

DEPORTATION AND PRO JUSTITIA COMPULSORY MECHANISM: THE PREVENTION REMEDY OF ABUSE OF POWER AND HUMAN RIGHTS UPHOLDING

Tue, 18 Mar 2025 00:00:00 +0000

One of the sources of Non-Tax State Revenue increasing comes from the Administrative Sanctions of Immigration. The enforcement of the sanction is followed up by the deportation of the foreigners who violate the law in Indonesian territory. The juridical basis for this authority is the attribution regulated in Law Number 6 of 2011 concerning Immigration and its derivatives. In practice, the implementation of Article 75 of Immigration Regulation is disrupted which has resulted the human rights protection is not accommodated as stipulated in Article 9 of Declaration of Human Rights and also Article 34 Law Number 39 of 1999. This cannot be allowed in the name of the Principle of Legal Certainty, Transitional Justice, and Global Justice. The result must refer to the declaration agreed upon at United Nations, in which Article 34 stipulates that “every person shall not be exiled or disposed arbitrarily”. This article is an arrangement in Article 9 of the Universal Declaration of Human Rights. Thus, this article must be added to the legal substance regarding the obligation to have a judge’s verdict with permanent legal force from the court in Indonesia against the foreigners who violate the Law. This commitment must also be applied in all legislative products stipulated by the government as the legislator. This includes all legal regulations in Immigration.

THE APPLICABILITY OF LEGAL RULES ON FICTITIOUS NEGATIVE DECISIONS AND FICTITIOUS POSITIVE DECISIONS

Jenrison Nainggolan, Aan Eko Widiarto, Sudarsono — Sun, 23 Mar 2025 00:00:00 +0000

The objective of this study is to examine the legal validity of Negative and Positive Fictitious Decisions from the perspective of state administrative law. This study uses normative legal research methods by analyzing variety of literature. The research methods is based on legislationand uses secondary data consistin primary legal materials, secondary legal materials, presented in a wualitative descriptive manner. The findings indicate that the authority of the PTUN to Adjudging disputes of positive fictitious disputes has been removed in the provisions of Article 175 of the Job Creation Law and the provisions for derogation (revocation) of the provisions of Article 3 of the Peratun Law are not regulated in the State Administration Law and the Job Creation Law, so the principle of preference lex posteriori derogat lex priori is no longer appropriate to use. Additionally, the PTUN authority standards that attempt both positive and negative fake disagreements are no longer in conflict. Since the PTUN still has the authority to attempt Negative Fictitious, Positive Fictitious essentially has the executive's complete authority. Therefore, one example of a legal safeguard for citizens against false judgments made by government officials is the requirements of Article 3 of the Peratun Law.

EXPERIENCES ON THE DEVELOPMENT OF AN INDIGENOUS AFRICAN LANGUAGE SCIENTIFIC REGISTER FOR NATURAL SCIENCES: A FOCUS ON CHALLENGES, OPPORTUNITIES, AND PERCEPTIONS

Thuli G. Ntuli , Awelani V. Mudau — Tue, 18 Mar 2025 00:00:00 +0000

This is a qualitative interpretative case study. The aim of this article is to elucidate the experiences on the development of an African indigenous language (IsiNdebele) scientific register for natural sciences. Interviews and a diary were used to collect data from stakeholders. The results of the study reveal that isiNdebele is still underdeveloped as it lacks scientific terms and different perceptions held by stakeholders on the use of isiNdebele scientific language register to teach Natural Sciences. Some stakeholders are in support of the use of the isiNdebele scientific language register to teach Natural Sciences as learners will be able to learn in their mother tongue which could be beneficial to them. However, with all the research findings on the benefits of using mother tongue as a medium of teaching and learning in South African schools. There are still stakeholders who are not in support of using isiNdebele scientific language register as they still prefer English as a medium of instructions due to its state and being a language of economy and power. Their perceptions further determine and threatens the survival of these indigenous languages. It is therefore recommended that scientific language registers be developed in indigenous languages. With these scientific languages registers in indigenous languages being developed stakeholders might change their perceptions on the use of African languages as languages of teaching and learning.

RESTORATIVE JUSTICE APPROACH TO CORPORATE PERPETRATORS OF ENVIRONMENTAL CRIMES BASED ON NATIONAL LEGAL IDEALS

Jeremia Sipahutar, Prija Djatmika, Lilik Mulyadi — Sun, 30 Mar 2025 00:00:00 +0000

Indonesia is a state based on the rule of law, placing law as one of the instruments for the state to uphold its national ideals and as a means to achieve justice, certainty, and benefit for all members of society. This study examines the application of restorative justice in addressing corporate environmental crimes within Indonesia’s legal framework. Although the National Criminal Code (KUHP Nasional) recognizes both individuals and corporations as legal subjects and acknowledges restorative justice, its implementation in environmental law enforcement remains limited. Law Number 32 of 2009 on Environmental Protection and Management still prioritizes a retributive approach, restricting the use of restorative mechanisms in corporate environmental offenses. Using a normative legal research method, this study analyzes statutory provisions and theoretical frameworks to explore the possibility of integrating restorative justice into corporate liability. The findings highlight the need for legal reforms to align environmental law enforcement with national legal ideals, particularly Pancasila. Incorporating restorative justice in corporate environmental crimes would emphasize remediation, victim compensation, and community involvement, ensuring a balance between legal certainty, justice, and environmental sustainability.

THE ROLE OF THE SMOKE-FREE TASK FORCE: A STUDY OF THE SOCIAL REALITY OF SMOKE-FREE ENFORCEMENT IN THE OFFICE THE REGENT OF EAST KUTAI

Andi Didi Afriadi, Agus Sholahuddin, Sri Hartini Jatmikowati — Tue, 18 Mar 2025 00:00:00 +0000

This study analyzes the role of the Smoke-Free Area Task Force (Satgas KTR)[1] in enforcing the Smoke-Free Area policy at the East Kutai Regent's Office, using a descriptive qualitative approach[8]. The results of the study indicate that the effectiveness of the implementation of the KTR Task Force still faces significant challenges, such as individual resistance[7], limited resources, and lack of strict sanctions. Although this policy contributes to increasing collective awareness of a healthy work environment, successful implementation requires capacity building strategies, facility support, and cross-sector collaboration.

IMPLEMENTATION OF THE CONSTITUTIONAL COURT DECISION NUMBER 65/PUU-VIII/2010 IN THE CRIMINAL JUSTICE SYSTEM

Ummi Khasanah Sitorus Pane, Abdul Madjid, Prija Djatmika — Tue, 25 Mar 2025 00:00:00 +0000

The Constitutional Court Decision Number 65/PUU-VIII/2010 provides a new meaning regarding witnesses in the Criminal Procedure Code, by recognizing witnesses as testimonium de auditu. Since the decision was pronounced, the Constitutional Court's decision has come into force and is binding on everyone, especially for the process of investigation, prosecution and trial in court. However, in practice, the Constitutional Court's decision is not followed by judicial bodies under the Supreme Court, in the concrete case of the decision of the West Pasaman District Court No. 191/Pid.Sus/2019/PN Psb which does not consider and decide based on the decision of the Constitutional Court which has become part of the criminal procedural law. In fact, the Constitutional Court Decision Number 65/PUU-VIII/2010 should be legally binding on all.

LONG DISTANCE TRAINING SEMARANG RELIGIOUS TRAINING CENTER

Nikmatul Afiyah, Naili Farida , Hardi Warsono, Tri Yuniningsih — Tue, 18 Mar 2025 00:00:00 +0000

Distance training has become a solution for the Semarang Religious Training Center in overcoming budget constraints and improving the competence of state civil servants. This study aims to analyze the implementation of distance learning based on George C. Edward's policy implementation model, which includes four factors: communication, resources, disposition, and bureaucratic structure. The research method used is descriptive qualitative, with data analysis techniques based on interviews, observations, and document studies. The results of the study indicate that the implementation of distance learning at the Semarang Religious Training Center faces various challenges, such as limited human resource competence, lack of supporting facilities (such as soundproof rooms and internet access), and weak commitment of implementers in running the program. In addition, communication between organizers, participants, and teachers is not optimal, even though it has been supported by social media and online learning platforms. In terms of bureaucratic structure, the existing standard operating procedures still need to be improved to support the sustainability of the program more effectively. The conclusion of this study emphasizes the importance of enhancing human resource competence, providing adequate infrastructure, and better coordination between stakeholders to ensure the success of the implementation of distance learning.

THE IMPACT OF CHILD MARRIAGE ON THE MENTAL HEALTH AND WELL-BEING OF GIRLS LIVING IN RURAL COMMUNITIES OF THE REPUBLIC OF SOUTH AFRICA

Decent Munzhelele, Mukhethwa Jane Maladza, Vhahangwele Muvhango — Sat, 29 Mar 2025 00:00:00 +0000

This study investigates the impact of child marriage on the mental health and well-being of girls living in rural communities of the Republic of South Africa. The research adopted a qualitative approach with an exploratory research design, utilizing a comprehensive desktop study to gather relevant data from existing literature, reports, and secondary sources. The study aims to examine how early marriage affects the psychological, emotional, and social aspects of young girls’ lives, focusing on the mental health challenges they face, such as depression, anxiety, trauma, and loss of autonomy. Through thematic data analysis, the study identifies key themes, including the disruption of education, social isolation, stigmatization, physical health risks, and the negative impact of cultural and societal norms surrounding marriage. The findings highlight the multifaceted nature of child marriage, revealing how it exacerbates mental health issues and limits opportunities for personal growth, social integration, and empowerment. Additionally, the study emphasizes the lack of access to mental health support services in rural communities, making it harder for these girls to overcome the psychological effects of early marriage. By shedding light on these issues, the study calls for a greater focus on policy interventions, community awareness, and mental health services to address the challenges faced by married girls in rural South Africa.

REGULATIONS ON THE VALIDATION OF MARRIAGE AGREEMENTS CARRIED OUT BY NOTARIES IN INDONESIAN POSITIVE LAW FOLLOWING CONSTITUTIONAL COURT DECISION NUMBER 69/PUU-XIII/2015

Safira Annisa, Djumikasi, Yenny Eta Widyanti — Tue, 18 Mar 2025 00:00:00 +0000

The changes that occurred in the Constitutional Court Decision Number 69/PUU-XIII/2015 caused multiple interpretations, the change of the phrase "Making a written agreement" in Article 29 paragraph (1) of the Marriage Law to "submitting a written agreement" in the Constitutional Court Decision Number 69/PUU-XIII/2015 needs to be explained in more detail so that it creates legal certainty. The difference between the phrases "Making" and "Submitting" in the KBBI has a very different meaning, not explaining the meaning of this phrase will cause legal uncertainty, especially for Notaries. So it is necessary to study how the regulation of the ratification of marriage agreements carried out by notaries in Indonesian positive law after the Constitutional Court Decision Number 69/PUU-XIII/2015. The type of research used is the normative legal method, namely research conducted on legal sources such as laws or other literature that includes analysis of legal principles to identify and resolve legal issues that will be studied using the Theory of Legal Certainty. The results of the analysis explain that from the Constitutional Court Decision Number 69/PUU-XIII/2015, Notaries should have two new authorities.

THE APPLICATION OF THE LEX SPECIALIS SYSTEMATIS PRINCIPLE IN THE ENFORCEMENT OF SPECIAL CRIMINAL LAW

Shilvi Grisminarti, Faizin Sulistio, Abdul Madjid — Mon, 17 Mar 2025 00:00:00 +0000

This paper discusses the application of the lex specialis systematis principle in special criminal law as a solution to address overlapping regulations in its enforcement. This issue arises when law enforcers must choose the applicable legal provision in cases where a single criminal act is prohibited by multiple special criminal laws. In cases of pornographic content dissemination, challenges emerge due to overlapping regulations, including the Pornography Law, the Electronic Information and Transactions (ITE) Law, and the Sexual Violence Crime Law (TPKS). Each of these laws prohibits the dissemination of pornographic content (revenge porn) but assigns different legal subjects for criminal liability. This paper examines how law enforcers apply the lex specialis systematis principle as a guideline to determine the most appropriate legal provision, while also considering its implications for justice and legal certainty. This study underscores the importance of lex specialis systematis in ensuring clarity and effectiveness in handling complex criminal cases, particularly in pornographic content dissemination. Using a normative juridical method, this research analyzes existing legal norms through literature studies. It establishes parameters for law enforcers on how to apply the lex specialis systematis principle when multiple laws of equal standing regulate the same offense.

ENHANCING VICTIM-CENTERED JUSTICE THROUGH RESTITUTION: A FRAMEWORK FOR VICTIM IMPACT STATEMENTS IN CHILD SEXUAL VIOLENCE CASES

Anang Riyan Ramadianto, Milda Istiqomah, Nurini Aprilianda — Tue, 18 Mar 2025 00:00:00 +0000

This study examines the role of the Victim Impact Statement (VIS) and restitution in safeguarding the rights of child victims of sexual violence within Indonesia’s criminal justice system. The research highlights the importance of VIS in providing victims with a formal avenue to express the physical, emotional, social, and economic impacts of crimes committed against them. The study adopts a normative juridical approach, analyzing statutory regulations and case law to assess the implementation of Supreme Court Regulation (PERMA) No. 1 of 2022. Comparative analysis with legal frameworks from other countries, such as the United States and Australia, underscores the necessity of institutionalizing VIS in Indonesia to align with international best practices. Findings reveal that while PERMA No. 1 of 2022 provides a legal foundation for restitution, significant challenges remain in terms of legal structure, substance, and culture, limiting its effectiveness. The study proposes a standardized VIS model tailored for child sexual violence cases to ensure clarity, consistency, and fairness in judicial decisions. Strengthening the legal framework, providing specialized training, and raising public awareness are crucial steps toward integrating VIS into Indonesia’s justice system. This research contributes to the broader discourse on victim-centered justice, emphasizing the need for systemic reforms to enhance legal protections for child victims.

JUDICIAL DISCRETION IN THE CRIMINAL JUSTICE PROCESS IN INDONESIA (A Study at the Cianjur District Court)

Anissa Larasati, Faizin Sulistio, I Nyoman Nurjaya — Thu, 27 Mar 2025 00:00:00 +0000

The influence of public attention on the criminal trial process is currently affecting the judiciary under the Supreme Court of the Republic of Indonesia, where all layers of society consistently follow the development of news related to ongoing trials in specific legal jurisdictions. This article focuses on discussing the nature of public attention, emphasizing that it should not affect the judges' rulings in criminal cases, as well as the discretion of judges in formulating legal considerations in cases that attract public attention during the decision-making process. Our findings indicate that in making legal considerations for criminal case rulings, the panel of judges must always adhere to the formal procedural law established in the criminal trial process, reinforced by the application of the Indonesian Criminal Procedure Code, relevant criminal laws in the trial, and the Supreme Court regulations. The primary guidance for judges in formulating legal considerations for legal decisions must be based on at least two pieces of evidence proven during the trial, coupled with the conviction of the presiding judge, and supplemented by the judge's authority to exercise discretion in order to ensure clear and just resolution of the criminal case. In conclusion, we recommend that judges must continue to uphold their independence in making legal considerations and delivering sound legal judgments.