Joko Setiono
Sekolah Tinggi Ilmu Kepolisian, Indonesia

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Legal Protection for Crypto Asset Investors in Indonesia Within an Incomprehensive Regulatory Framework and its Implications for Legal Certainty Hendricka R A Bahtera; Joko Setiono; Iza Fadri
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.433

Abstract

The development of blockchain technology has given rise to crypto assets as a new investment instrument that has attracted the attention of the Indonesian public in recent years. However, the rapid growth of crypto investments has not been accompanied by a comprehensive regulatory framework, creating vulnerabilities to various legal, economic, and technical risks that could harm investors. This study aims to analyze the form of legal protection for crypto asset investors in Indonesia within the context of a still-limited regulatory framework, as well as to examine its implications for legal certainty in the digital asset sector. The research method used is a normative juridical approach, with secondary data sources in the form of laws and regulations, legal literature, and international comparisons. The analysis shows that legal protection for investors remains administrative and partial, as reflected in regulations such as Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector (PPSK Law), Bappebti Regulation No. 8 of 2021, and Government Regulation No. 5 of 2021. The absence of specific dispute resolution mechanisms, fund return guarantees, and protection against market manipulation exacerbates the legal uncertainty faced by investors. Comparative studies with other countries such as Singapore, Japan, and the European Union highlight the importance of establishing an integrated regulatory framework that emphasizes consumer protection and strong oversight. This study recommends the drafting of a specific law on digital assets, expansion of the Financial Services Authority (OJK)’s authority, as well as the creation of dispute resolution mechanisms and investment insurance schemes to enhance legal certainty and public trust in the crypto asset sector.
Transformation of POLRI's Leadership Style in Managing the Unique Potential of Gen Z Personnel as a Foundation for Building a Positive Image of Traffic Police Accepted by the Public Shinta Ayu Pramesti; Joko Setiono; Purwadi Wahyu Anggoro
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.434

Abstract

The transformation of leadership styles within the Indonesian National Police (Polri) has become a strategic necessity amidst the growing dominance of personnel from Generation Z. This generation brings distinct characteristics from their predecessors, such as openness to technology, a preference for collaborative work patterns, and expectations for participatory and meaningful leadership. Meanwhile, Polri's traditional leadership style remains rooted in hierarchical, one-way command structures, often clashing with the expectations of Gen Z personnel. In the context of Traffic Police (Polantas), the successful management of this generation’s human resources has a direct impact on public perception and the institutional image. This study uses a normative juridical method with a conceptual approach and analysis of the latest regulations, such as Law No. 2 of 2002 on the National Police, Polri Regulation No. 7 of 2022 on the Police Professional Code of Ethics and its Commission, and the Ministry of Administrative and Bureaucratic Reform Regulation No. 6 of 2022 on ASN Performance Management. The findings indicate that an adaptive leadership style grounded in values, technology, and two-way communication can address internal challenges while enhancing the image of Polantas as professional, humanistic, and transparent. Optimizing Gen Z’s potential within Polri’s organizational structure -especially in public service units like Polantas- requires organizational culture transformation, contextual training, and an accountable performance management system. The synergy between internal development and public participation is key to achieving long-term success in this transformation.
Transformation of Counter-Terrorism Strategies Based on Artificial Intelligence and Legal Challenges Regarding the use of Autonomous Weapons Deden Rahmad Hidayat; Joko Setiono; Supardi Hamid
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.435

Abstract

The development of Artificial Intelligence (AI) has transformed various sectors, including national security and counter-terrorism strategies. The utilization of AI, particularly through intelligent surveillance systems and autonomous weapons systems (AWS), strengthens the state's capability to detect, analyze, and respond to potential terrorist threats swiftly and efficiently. However, the presence of this technology does not escape legal challenges, particularly concerning regulatory gaps and accountability for the use of autonomous weapons that can operate without human intervention. This study uses a normative juridical approach to examine the transformation of counter-terrorism strategies based on AI, as well as to analyze the absence of legal norms governing the use of AWS in Indonesia and within the context of international law. The findings show that national legal instruments such as Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism and Law No. 3 of 2002 on State Defense are not yet adequate to address the new challenges posed by AI. On the other hand, international forums such as the Convention on Certain Conventional Weapons (UN CCW) are still debating the ethical and legal boundaries of AWS without producing a binding consensus. This research recommends the establishment of a new legal framework that is responsive to technological developments, ensuring the protection of human rights and the principle of accountability in the use of AI for security purposes. Without clear regulations, this transformation has the potential to result in abuse of power and serious violations of civil rights.
Legal Implications of the Application of Restorative Justice to Narcotics Crimes in Order to Realize Restorative Justice and Rehabilitation for Perpetrators Renovasi Hia; Joko Setiono; Zulkarnein Koto
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.436

Abstract

Narcotics crime is one form of offense that has systemic impacts on public health, security, and order. The conventional penal system, which tends to focus on imprisonment, has not been entirely effective in addressing the root problems of narcotics abuse, especially among users. As an alternative in this situation, the restorative justice method seeks to rebuild the community, the victim, and the criminal via communication and rehabilitation. In order to achieve restorative justice and offenders' rehabilitation, this study looks at the legal ramifications of applying restorative justice to drug-related offenses. Law Number 35 of 2009 about narcotics, Supreme Court Regulation Number 4 of 2010, Attorney General Regulation Number 15 of 2020, and Law Number 1 of 2023 about the Criminal Code are all reviewed using a normative method. The study's findings demonstrate that restorative justice is only appropriate for drug users who meet specific requirements, such as not being a recidivist and having a limited amount of evidence. The application of this approach has a positive impact on reducing overcrowding in correctional institutions and fulfilling the offender’s human rights to receive rehabilitation. However, there are still obstacles such as the lack of explicit regulations in the Narcotics Law and the limited availability of adequate rehabilitation facilities. Policy reformulation and the strengthening of synergy among law enforcement officers are important steps in expanding the comprehensive implementation of restorative justice in the future.
Legal Vacuum Analysis and the Need for Criminal Policy Reformulation in Handling Cyberbullying Cases in Indonesia based on the Perspective of Child Protection and the Law on Electronic Information and Transactions Aji Yoga Sekar; Joko Setiono; Sutrisno Sutrisno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.437

Abstract

The rapid development of digital technology has created a new space for internet-based crimes, one of which is cyberbullying targeting children as victims. This phenomenon continues to rise in Indonesia, in line with the high rate of social media usage among minors. Nevertheless, the existing legal system has not been sufficiently responsive in addressing cyberbullying specifically, especially when viewed from the perspective of child protection. The Law on Electronic Information and Transactions (Law No. 11 of 2008 in conjunction with Law No. 19 of 2016) does not explicitly regulate cyberbullying as a criminal offense, while the Child Protection Law (Law No. 23 of 2002 in conjunction with Law No. 35 of 2014 and Law No. 17 of 2016) also does not adequately cover digital-based violence. This normative and implementative gap creates difficulties in prosecuting perpetrators and risks neglecting the rights of children who are victims of cyberbullying. This paper analyzes the need for a reformulation of criminal policy through the establishment of specific norms that explicitly criminalize cyberbullying against children. The research uses a normative juridical approach and emphasizes the importance of integrating child protection into every criminal legal policy in the digital era. The proposed reformulation includes revising the norms in the ITE Law and the Child Protection Law, as well as strengthening the roles of law enforcement officers and digital platforms. The findings of this study highlight the urgency of criminal law reform that is not only repressive, but also preventive and rehabilitative for child victims.
Analysis of the Effectiveness of the Assessment Center as A Competency Testing Method for Police Sector Chiefs (KAPOLSEK) in Improving Police Performance within the Metro Jaya Regional Police Afriska Nababan; Vita Mayastinasari; Joko Setiono
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.438

Abstract

The position of Sector Police Chief (Kapolsek) holds a strategic role within the operational structure of the Indonesian National Police (Polri), especially in maintaining security and public order at the sub-district level. To ensure professionalism and accountability of Kapolsek officials, a selection method is needed that can objectively measure competence. The Assessment Center emerges as a competency-based mechanism considered to have high validity in assessing managerial, technical, and socio-cultural dimensions. This study analyzes the effectiveness of the Assessment Center in competency testing for the Kapolsek position within the Metro Jaya Regional Police, using a normative juridical approach and descriptive analysis. The legal foundations used include Law Number 2 of 2002 concerning the Indonesian National Police, Government Regulation Number 11 of 2017 in conjunction with Government Regulation Number 17 of 2020 concerning Civil Servant Management, as well as the Regulation of the Indonesian National Police Number 12 of 2024 concerning the Assessment Center within the Police environment. The results of the study show that the Assessment Center is a method that is normatively and technically in line with the principles of meritocracy and good human resource governance. However, its implementation still faces challenges such as a lack of assessors, infrastructure limitations, and organizational culture resistance to a competency-based selection system. Institutional strengthening and consistent enforcement of the merit system are required so that the results of the Assessment Center truly serve as an objective basis for the appointment of Kapolsek positions. With the optimization of this system, the National Police is expected to form sectoral leadership that is professional, adaptive, and oriented toward public service.
The Dilemma of Criminal Liability for the Operation of Motorized Pedicabs in Yogyakarta Due to the Absence of Explicit Regulations Accommodating Them as a Mode of Public Transportation Amin Ruwito; Joko Setiono; Supardi Hamid
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.439

Abstract

The phenomenon of motorized pedicab (bentor) operations in Yogyakarta reflects a shift in public demand toward faster and more efficient modes of transportation. However, the presence of a bentor faces a legal dilemma due to the absence of explicit regulations accommodating it within both national and regional legal systems. Law No. 22 of 2009 on Road Traffic and Transportation and Regional Regulation (Perda) of Yogyakarta Special Region (DIY) No. 5 of 2016 only regulate official and traditional transportation modes, without specifically addressing modified forms such as bentor. This legal ambiguity raises questions regarding the legal status of bentor and the extent to which its drivers can be held criminally liable. This study employs a normative juridical method with statutory and conceptual approaches, aiming to analyze the existing legal vacuum and its impact on law enforcement and social justice. The study finds that although the operation of bentor may be considered administratively unauthorized, the application of criminal law to its drivers encounters obstacles related to the principle of legality, as no criminal norm explicitly prohibits such activity. Moreover, enforcement actions carried out without an adequate legal basis have the potential to create injustice and discrimination. This research recommends revising regional regulations to be more accommodating of alternative modes of transportation, adopting a conditional legalization approach, and encouraging intergovernmental collaboration. Responsive regulation is key to ensuring legal order while upholding social and humanitarian values.
Complexity of Conflict and Resolution in the PT. HMBP 2023 Case Related to the Failure to Realize Plasma Plantations and Its Impact on Indigenous Communities from the Perspective of Criminal and Civil Law Irfan M N Alireja; Joko Setiono; Supardi Hamid
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.440

Abstract

The conflict between PT. HMBP and the indigenous community of Bangkal Village in Central Kalimantan reflects the complexity of agrarian issues that simultaneously involve aspects of both criminal and civil law. The problem began with PT. HMBP’s failure to fulfill its obligation to develop plasma plantations covering 20% of the total managed land, as mandated by Government Regulation No. 26 of 2021 and Central Kalimantan Provincial Regulation No. 5 of 2011. Tensions peaked in October 2023 when the community staged a blockade of 1,175 hectares of land outside the company’s concession (HGU), which led to clashes with security forces and resulted in fatalities. This study uses a normative juridical approach by examining relevant laws and regulations as well as principles for the protection of indigenous peoples’ rights. The analysis reveals potential violations of criminal law, both in terms of the repressive actions by authorities and the company’s negligence in fulfilling its legal obligations. From a civil law perspective, PT. HMBP could be sued for breach of contract and unlawful acts that harmed the community. Furthermore, violations of human rights—particularly the right to land and the right to life, emerge as key concerns, calling for the involvement of the National Commission on Human Rights (Komnas HAM) and the application of restorative justice approaches. This study recommends regulatory reinforcement, enhanced mediation roles by local governments, and stronger protections for indigenous rights in the context of agrarian conflicts. It emphasizes the importance of fair, accountable, and human-centered law enforcement in resolving similar disputes in the future.
Artificial Intelligence in Predictive Policing: A Systematic Literature Review and Its Implications for Indonesia Radyan Kunto Wibisono; Joko Setiono; Ilham Prisgunanto
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.441

Abstract

The use of Artificial Intelligence (AI) in predictive policing is rapidly developing globally as a response to demands for effectiveness and efficiency in law enforcement. Although this technology promises predictive capabilities that can assist the police in identifying potential crimes in the future, its implementation raises complex legal and ethical issues, especially in the context of a rule-of-law country like Indonesia. This article presents a systematic review of academic literature related to AI in predictive policing over recent years sourced from Scopus, Web of Science, and Google Scholar. The study results indicate that although predictive policing has the potential to reduce crime rates, this technology is fraught with risks of algorithmic discrimination, data bias, privacy violations, and unclear legal accountability. A juridical analysis of existing regulations in Indonesia, such as Law No. 27 of 2022 on Personal Data Protection and the Electronic Information and Transactions Law (UU ITE), shows the absence of legal norms that specifically regulate the application of AI in the context of criminal law. Furthermore, the use of algorithmic prediction results as a basis for legal action potentially contradicts fundamental principles in criminal procedural law, such as the presumption of innocence and the right to personal data protection. This study recommends the urgency of establishing a national legal framework capable of ensuring the ethical, fair, and accountable application of AI technology in law enforcement sectors. Adaptive and human rights-based regulations are necessary so that AI can be used responsibly without sacrificing the values of justice and democracy.
Asset Recovery Mechanisms in Transnational Corruption Cases: Legal Frameworks and International Cooperation Challenges Feabo Adigo Mayora Pranata; Joko Setiono; Iza Fadri
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.442

Abstract

Asset recovery in transnational corruption cases has become an important issue in efforts to eradicate corruption crimes with cross-border impacts. The phenomenon of corruption, which is complex and organized in nature, often involves the concealment of assets in various jurisdictions, thus requiring a comprehensive legal mechanism and effective international cooperation. This research aims to analyze the legal framework for asset recovery both in Indonesia's national law and in the context of international instruments, as well as to evaluate the main challenges faced in its implementation. The approach method used is normative juridical by reviewing the latest legislation, such as Law Number 1 of 2023 on the Criminal Code, the Anti-Corruption Law, the Anti-Money Laundering Law, as well as international instruments such as the United Nations Convention against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). The discussion covers the stages of asset recovery from identification, tracing, freezing, seizure, to the return of assets. It also discusses the role of related institutions such as the Corruption Eradication Commission (KPK), the Financial Transaction Reports and Analysis Center (PPATK), the Attorney General’s Office, the Police, and the Asset Recovery Center (PPA). The main obstacles identified include differences in legal systems between countries, slow mutual legal assistance procedures, lack of political will, and issues of transparency in the management of recovered assets. This research emphasizes that synergy between countries, legal harmonization, and strengthening of institutional accountability are the keys to the success of cross-border corruption asset recovery.