Abstract:This study analyzes the implementation of the waiting list policy in the administration of the Hajj pilgrimage at the Office of the Ministry of Religious Affairs of Central Maluku Regency. A descriptive qualitative approach…
ach was used to examine how the policy is translated into public service practices, particularly in a local context where the waiting period has reached approximately 18 years, with about 2,500 prospective pilgrims and an annual quota of 135 people. Data were obtained through interviews, observation, and document review involving officials responsible for Hajj and Umrah services and relevant community informants. The data were analyzed using the interactive model of Miles, Huberman, and Saldana, consisting of data condensation, data display, and conclusion drawing. The findings show that policy implementation is supported by four interrelated factors: bureaucratic structure, resources, communication, and the disposition of implementing officers. A clear organizational structure and standard operating procedures facilitate coordination and accountability. Competent human resources, adequate facilities, and the use of Siskohat strengthen service accuracy and transparency. Multi-channel communication helps reduce misunderstanding, while professional and empathetic officer attitudes build public trust. The novelty of this study lies in its local-level analysis of Hajj waiting list implementation in an archipelagic regency. The study implies that transparent, responsive, and humanistic public services are essential for maintaining fairness and legitimacy in long-term Hajj queue management.
Abstract:The rights of justice collaborators (JCs) to obtain sentence reductions in murder cases remain inconsistently applied within Indonesia’s criminal justice system. This research addresses three core issues: the normative legal…
legal basis for JC rights, the consistency of judicial decisions in granting those rights, and the necessity for legal reform. Using a normative juridical approach supported by document analysis and expert interviews, the study examines Law No. 31/2014, SEMA No. 4/2011, and recent judicial decisions, including the high-profile cases of Richard Eliezer and Abdul Khoir. Findings reveal that while legal provisions exist, the absence of detailed indicators, formal mechanisms for status determination, and binding multi-institutional coordination leads to implementation gaps. Judicial discretion remains unchecked, resulting in unequal treatment of justice collaborators with similar contributions. The study concludes that a lex specialis law is urgently needed to standardize definitions, evaluation mechanisms, and inter-agency protection schemes. Recommendations include harmonization of technical norms, incorporation of JC recognition in verdicts, and alignment with UNCAC and UNTOC standards. This would strengthen legal certainty, uphold the principle of nulla poena sine lege, and enhance the effectiveness of the criminal justice system in addressing serious crimes through systemic cooperation.
Abstract:The rapid advancement of digital technology and artificial intelligence (AI) in the twenty-first century has fundamentally transformed the structure of modern constitutional governance. Digitalization has reshaped the interactions…
teractions between governments and citizens, altered the patterns of political participation, and presented major challenges to constitutional principles. This study aims to analyze the implications of technological development for constitutional law and propose the concept of a digital constitution as an adaptive framework in the AI era. This study employs a normative legal method, using both conceptual and statutory approaches. Legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively and descriptively. The findings reveal that, while digital transformation enhances governmental efficiency and public transparency, it also generates serious risks, including data misuse, digital surveillance, and political disinformation. These dynamics demand a reinterpretation of constitutional norms to protect citizens' digital rights in cyberspace. The concept of a digital constitution is proposed as a normative response that integrates digital rights into constitutional rights and reaffirms the principle of the rule of law within technological governance. To achieve a democratic and just constitutional order, it is crucial to strengthen regulatory frameworks, ensure algorithmic accountability, and foster collaboration among state institutions, civil society, and the private sector. Ultimately, constitutional law must evolve into an adaptive, transparent, and fair system that can address the profound challenges of the digital and AI-driven era.
Abstract:This study critically examines the constitutionality of Indonesia’s presidential candidacy threshold under Article 222 of Law No. 7 of 2017 in relation to the principle of popular sovereignty in Article 1(2) of the 1945…
5 Constitution. The threshold requiring a party or coalition to hold 20% of DPR seats or 25% of the popular vote has been controversial for limiting voter choice and reinforcing oligarchic dominance. Using a normative legal research method, the study applies doctrinal interpretation through grammatical, systematic, historical, and teleological approaches to evaluate whether the threshold is consistent with constitutional democracy. The analysis identifies a disconnect between the legislative rule and the constitutional concept of sovereignty residing with the people, informed by theories of democracy, sovereignty, and progressive legal thought. While procedurally legitimate, the threshold lacks substantive constitutional validity because of its exclusionary impact on political participation. The study proposes four reform options: repeal, proportional adjustment, judicial reinterpretation, and constitutional amendment. These reforms would realign electoral rules with democratic principles and restore voters’ political agency. A doctrinal reinterpretation model is offered, framing the threshold as a regulatory instrument rather than a rigid barrier, advocating a legal structure that promotes inclusivity and reflects the people’s general will.
Abstract:This research examines the application of the Brain-Based Learning (BBL) model to reduce math anxiety in teaching fractions at the elementary school level. This study used a quantitative approach with a pretest–posttest…
t quasi-experimental control group design involving two fifth-grade classes: one experimental class that received fraction instruction through BBL and one control class that was taught using conventional methods, with 40 students in each group. Mathematics anxiety related to fractions was measured using a modified mathematics anxiety scale for elementary school students, while fraction achievement was evaluated through a valid written test. The results showed that both groups had relatively equivalent initial abilities, supported by normal and homogeneous pretest data and no significant differences in pretest scores. After the intervention, the experimental class showed consistently lower levels of anxiety related to fractions in all dimensions (tests/assessments, classroom learning situations, fraction tasks, and fraction avoidance) and significantly higher post-test scores than the control class, with an average difference of about seven points. The findings show that BBL, which aligns the learning process with the way the brain naturally learns by fostering positive emotions, multisensory experiences, and meaningful social interaction, is effective in improving students' understanding of fractions while simultaneously reducing their math anxiety. This study offers a unique perspective by conducting an experimental trial of BBL as a targeted intervention for math anxiety related to fractions in Indonesian elementary schools and highlighting its potential as a neuroeducation-based pedagogical strategy to foster numeracy and emotional well-being in math learning.
Abstract:This study aims to examine in depth the application of neuroplasticity principles in learning at elementary schools, focusing on the teaching practices of five teachers at SDS Dharma Putra. Neuroplasticity, as a core concept…
cept in neuroscientific learning, describes the brain's ability to form, strengthen, or modify neural networks through experience, repetition, meaningful activities, and students' emotional involvement. Given the characteristics of elementary school students who are at a stage of cognitive development that is highly responsive to learning environment stimulation, a study of the application of neuroplasticity by teachers is important to ensure that the learning process is in line with the brain's working mechanisms.This study used a neuropsychological instrument measuring the dimensions of neuroplasticity to assess four main indicators, namely repetition & practice, dedicated time for review, use of interactive activities, and contextual learning that connects the material to students' real experiences. The data was reinforced through in-depth interviews and thematic analysis of the learning strategies applied by each teacher. The results showed variations in application between teachers. Some teachers showed strong implementation in interactive activities and contextual learning (score of 5), while structured repetition showed lower consistency (score of 3). The interview findings reinforced the instrument results by showing patterns of strategies such as the use of inspirational stories, educational games, quizzes with prizes, conveying the benefits of learning, and scaffolding through easy material as a starting point. This study concludes that the application of neuroplasticity principles is present in teachers' teaching practices, although the level of depth and routine still needs to be strengthened. The theoretical implication confirms that learning that integrates positive emotions, collaborative activities, planned repetition, and contextualization of material has the potential to have a significant impact on the formation of students' neural networks. Practically, this study provides recommendations for strengthening neuroscientific learning-based instructional design as an effort to optimize the learning process of elementary school students.
Abstract:Justice collaborators, or "crown witnesses," have become essential in modern criminal justice systems, particularly in dismantling organized crime and uncovering complex murder cases. This study explores the legal protections…
tions afforded to justice collaborators in Indonesia through a doctrinal analysis of the Supreme Court Decision No. 1704 K/PID.SUS/2022, commonly known as the Richard Eliezer verdict. The objective is to critically examine the adequacy and application of legal safeguards provided to individuals who cooperate with law enforcement while implicated in serious crimes. Employing normative legal research methods and a statutory and case approach, the paper reveals discrepancies in the implementation of protections for justice collaborators. While the Indonesian Witness and Victim Protection Agency (LPSK) offers procedural protections, this analysis identifies significant gaps in enforcement, judicial interpretation, and institutional coordination. The findings underscore a need for stronger legislative frameworks and consistent judicial standards to uphold the rights and safety of justice collaborators. The implications extend to criminal law reform and the balancing of retributive justice with restorative mechanisms. This study contributes to the legal discourse on human rights protections in criminal procedure, particularly concerning vulnerable individuals assisting the justice system under duress or threat.
Abstract:Freight forwarding agreements in Indonesia frequently contain exoneration clauses that exempt logistics providers from liability for loss or damage, raising serious concerns regarding consumer protection. While such clauses…
ses are designed to manage contractual risk, they often conflict with the principles enshrined in Law No. 8 of 1999 on Consumer Protection (UUPK), particularly those ensuring fairness, good faith, and legal accountability. This study investigates the legality and ethical implications of exoneration clauses within standard-form freight forwarding contracts used by companies such as JNE, TIKI, and SiCepat. Employing a doctrinal legal research methodology, the study integrates statutory, conceptual, and case-based approaches to analyze primary legislation, judicial decisions, and relevant legal doctrines. It critically evaluates the use of these clauses in light of consumer rights, contract theory, and the economic impact on service quality. Findings reveal that exoneration clauses not only contravene the UUPK but also create systemic contractual imbalances due to the lack of negotiation opportunities and transparency. The study proposes a normative legal framework for reform, including clause classification, interactive consent mechanisms, and regulatory enforcement to ensure contractual fairness. This research contributes to both legal scholarship and policy development by highlighting the urgent need for doctrinal clarity and regulatory oversight in Indonesia's logistics sector.
Abstract:The Indonesian capital market plays a pivotal role in mobilising long-term financing for corporations and providing investment opportunities to the public. However, persistent stock fraud cases undermine market integrity…
and investor confidence. This study aims to evaluate the effectiveness of the existing legal framework for investor protection against stock fraud, analyse its practical implementation, and recommend measures to strengthen both preventive and repressive mechanisms. Employing a normative legal research design with a qualitative approach, the study integrates statute, conceptual, and case approaches, focusing on Law No. 8 of 1995 on Capital Markets, OJK regulations, the Criminal Code, and notable cases such as PT Hanson International Tbk. The findings reveal that while the legal framework normatively aligns with the Legal Protection Theory, Justice Theory, and Legal Effectiveness Theory, substantial gaps remain between regulation and enforcement. Weak supervisory coordination, delayed intervention, lengthy judicial processes, and low investor legal literacy reduce effectiveness. Recommended reforms include adopting regtech and suptech, enhancing cross-agency data integration, implementing AI-based surveillance, establishing a specialised capital market court, and strengthening investor education. The study concludes that combining regulatory improvements, adaptive enforcement, and public legal empowerment is essential to safeguard investors, maintain market integrity, and promote sustainable economic growth.
Abstract:This study analyzes the judicial reasoning behind Putusan Pengadilan Negeri Sidoarjo No. 199/Pid.Sus/2023/PN Sda, a landmark decision involving corporate criminal liability for environmental violations in Indonesia. The…
case centers on PT Surya Prima Semesta’s illegal disposal of hazardous waste (fly ash and bottom ash) without an environmental permit, resulting in the prosecution of its corporate director. Employing a normative juridical method, the research examines the court’s application of doctrines such as strict liability and identification theory within the framework of Law No. 32 of 2009 on Environmental Protection and Management. The findings show that the court adopted a formalistic, text-based legal reasoning model, treating permit violations as inherently punishable acts regardless of actual environmental harm. While the decision reinforces regulatory compliance and affirms corporate culpability, it lacks engagement with broader organizational responsibility and foundational environmental law principles like the precautionary principle and sustainability. This study argues for a more integrated doctrinal approach one that balances rule-based logic with value-oriented reasoning to enhance legal consistency, advance environmental justice, and align Indonesia’s corporate accountability framework with international standards.