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All Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences
Richard
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Cybersecurity and Personal Data Protection Challenges in the 5G Era as a Basis for Legal Regulatory Reform Cepi Hendrayani; Richard
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.495

Abstract

The development of 5G technology has brought about a significant transformation in digital connectivity with high speed, low latency, and extensive network capacity. However, it also poses serious challenges to cybersecurity and personal data protection. Although Indonesia has passed Law No. 27 of 2022 concerning Personal Data Protection, its implementation still faces significant obstacles, primarily due to the lack of an effective independent supervisory body as stipulated in Article 59. The weakens oversight of personal data processing and increases the risk of data exploitation by irresponsible parties. This situation is exacerbated by the increasing number of IoT devices connected via 5G networks, which opens up opportunities for more complex and widespread cyber threats. This research uses a normative juridical method with a statutory and conceptual approach to analyze existing regulatory gaps and the need for legal reforms that can address the challenges of the digital era. The research findings show that legal regulatory reforms, including strengthening the role of regulatory bodies and adjusting legal provisions related to personal data protection, are crucial for ensuring cybersecurity in the 5G era and providing effective protection for the public and critical digital infrastructure. Thus, this research is expected to form the basis for recommendations for adaptive and responsive legal policies to technological dynamics, particularly in the context of personal data protection and cyber risk mitigation.
Law Enforcement Against The Occurrence of The Criminal Act of Looting in The Case of Looting of The Residentials of Members of The Legislative in Indonesia in The Case of The August 2025 Demonstration Jumadi; Richard
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.498

Abstract

The police have announced all suspects in the looting of several officials' homes that occurred during the demonstrations at the end of August 2025. A total of 52 people have been named as suspects and detained. These arrests have drawn public attention because the looted homes belonged not only to current officials but also to former ministers.This research uses a normative legal research method. The approach begins with a search for legal materials as a basis for making legal decisions on concrete legal cases. Where the legal rules used in this research are the Criminal Code (KUHP), specifically Article 363 concerning Aggravated Theft. From the results of the study, it is concluded that law enforcement in a country is highly dependent on important elements that form the legal system itself as stated by Lawrence M. Friedman, that law enforcement emphasizes the existence of three main elements in a legal system: legal structure, legal substance, and legal culture. Law enforcement carried out by the police is carried out repressively where the perpetrators of the crime of looting are processed after the looting has occurred. In the event of issues about or at the time of looting, the police should have taken preventive measures by securing the scene of the crime so as to minimize greater damage and losses.
General Court Decisions in Handling Criminal Cases Violating Article 78 of Law No. 31 of 2004 Result in Legal Nullity at the District Court, High Court, and Supreme Court (Case Study: Cirebon District Court) Landong MT Nadeak; Richard
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.522

Abstract

Fisheries crimes are generally handled in District Courts designated as Fisheries Courts with the following composition of judges: two career judges and one ad hoc judge, based on Article 78 of Law No. 31 of 2004 concerning Fisheries. However, some fisheries crimes are handled by District Courts that do not have fisheries courts. Meanwhile, the transitional provisions of Article 106 allow cases to be handled outside the jurisdiction of fisheries courts. The transitional period has exceeded three years since the enactment of the law, so that the validity of judges' decisions in cases heard by three career judges at the District Court, High Court, and Supreme Court has become null and void. The establishment of fisheries courts has not been evenly distributed in areas where fisheries crimes often occur, and there is still a lack of readiness in terms of ad hoc judges with expertise in fisheries. Of the 33 provinces, there are only 10 fisheries courts, which is detrimental to the Indonesian economy and local fishermen. The Indonesian government does not seem to be serious in dealing with fisheries crimes that are often committed by foreign parties, thereby harming the Indonesian state.
Regulatory Gaps and Government Oversight of Bauxite Mining Exploitation in Indonesia Robertus Hadi Susanto; Richard
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.554

Abstract

Bauxite mining exploitation in Indonesia demonstrates a serious gap between government regulation and oversight. Although a legal framework is in place through Law Number 3 of 2020 concerning Mineral and Coal Mining and its derivative regulations, its implementation remains weak due to disharmony between agencies and overlapping authority between the central and regional governments. This study aims to analyze the regulatory and oversight gaps in bauxite mining management and their implications for legal certainty and environmental sustainability. The research method used is a normative juridical approach, examining laws and regulations, legal literature, and empirical data related to mining oversight practices in several bauxite-producing regions. The results indicate that weak inter-agency coordination, a shortage of mining inspectors, and minimal transparency of production and export data are the main causes of weak oversight. Furthermore, the lack of integration between technical and environmental policies creates a gray area that business actors exploit to avoid legal obligations. This gap has resulted in increased environmental damage, legal uncertainty, and a decline in public trust in the government. Regulatory reform measures are needed through inter-agency harmonization, strengthening digital-based oversight capacity, and involving the public in evaluating mining activities to create a transparent, equitable, and sustainable mining governance system.
The Effectiveness of Cooperation between Polairud and Other Institutions in Handling Illegal Fishing Crimes in Indonesian Waters Moch Abdan Salam; Richard
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.557

Abstract

This study examines the effectiveness of cooperation between the Directorate of Water and Air Police (Polairud) and other institutions in addressing illegal fishing in Indonesian waters. The phenomenon of illegal fishing, particularly by foreign vessels in the Exclusive Economic Zone (EEZ), has caused significant economic, social, and ecological losses. Polairud, as a maritime law enforcement agency, plays a crucial role in patrolling, investigating, and securing maritime areas. However, its effectiveness relies heavily on synergy with other institutions such as the Ministry of Maritime Affairs and Fisheries (KKP), the Indonesian Navy, and the Maritime Security Agency (Bakamla). This study uses a juridical-empirical approach with qualitative analysis of statutory data, institutional documents, interviews, and reports of joint patrol activities. The results indicate that inter-agency cooperation has been implemented through integrated patrols, information exchange, and technical training, but still faces obstacles such as overlapping authority, sectoral egos, and limited patrol and communication facilities. Regulatory harmonization increased inter-agency coordination, and the establishment of a Joint Command Center as a joint control center for maritime law enforcement are needed. Strong institutional synergy will strengthen efforts to eradicate illegal fishing and guarantee protection of the sovereignty and sustainability of Indonesia's marine resources.
Clemency Authority Versus Judicial Review: The Jurisdictional Conflict of Absolute Discretion under Article 36(1)(a) of the General Provisions and Tax Procedures Law Riztiar Arinta; Richard
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.578

Abstract

This scholarly work explores the ongoing juridical ambiguity and adjudicative divergence stemming from Article 36(1)(a) within the General Tax Provisions and Procedures Law (KUP Law), which grants the Director General of Taxes (DGT) power to mitigate or nullify fiscal penalties. The central argument positions this competence beyond routine administrative discretion amenable to judicial control, characterizing it instead as executive clemency—an absolute, extra-judicial capacity rooted in equitable and compassionate principles. Employing a normative-juridical methodology combining historical reconstruction, conceptual analysis, and case examination, this work traces the authority's origins to the colonial Ordonansi Kepatutan (Ordinance of Propriety), originally designed as a substantive justice mechanism operating outside formal adjudicative processes. Critical evaluation of Tax Court Decision No. PUT-004535.99.2024.PP.M IXA demonstrates how the tribunal's substantive examination fundamentally misconstrued the DGT's prerogative character, transforming mercy applications into actionable disputes—a categorization error obscuring executive-judicial boundaries. Research outcomes establish that Article 36(1)(a) determinations lie beyond judicial cognizance, falling outside the Tax Court's legitimate jurisdictional scope. Addressing this theoretical confusion requires dual policy interventions: Supreme Court Circular (SEMA) issuance directing judges toward inadmissibility declarations for such proceedings, coupled with KUP Law statutory revision explicitly recognizing these administrative decisions' definitive and conclusive character.
The Independence of Constitutional Court Judges Amid Political Polarization Selviana Teras Widy Rahayu; Richard
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.604

Abstract

The Constitutional Court is one of the judicial authorities, alongside the Supreme Court as referred to in Article 24 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia. However, the problem that arises is when the credibility of Constitutional Court judges, who are supposed to guarantee substantive justice, is tarnished by acts of corruption and irresponsibility. This raises questions about how to supervise them, because the interests and subjectivity of judges are also reflected in the decisions they make, which can ultimately result in unfair and incorrect decisions. Furthermore, the controversy surrounding Constitutional Court Decision Number 90/PUU-XXI/2023 has sparked debate about the judges' bias in making decisions related to political interests. The expansion of authority without a credible and reliable oversight process and institution has proven to be a problem in the Constitutional Court with the newly formed Honorary Council. This study uses a normative legal method with reference to applicable laws and regulations, cases, and concepts. The purpose of this study is to determine the independence of Constitutional Court judges Constitutional Court judges amid political polarity and to examine oversight of Constitutional Court judges, especially given the final and binding nature of their decisions. In addition, to date, the Constitutional Court is not a state institution that has an oversight body. We must not allow decisions made to undermine the democratic order and allow room for intervention in the work of Constitutional Court judges as guardians of the constitution.
Co-Authors Cepi Hendrayani Jumadi Landong MT Nadeak Moch Abdan Salam Riztiar Arinta Robertus Hadi Susanto Selviana Teras Widy Rahayu