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Criminal Liability of Village Heads in Issuing Erroneous Land Certificates: Analysis of Article 378 of the Indonesian Penal Code and Its Implications for Preventing Abuse of Authority M. Johan Pakpahan; Zudan Arief Fakrulloh
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.v3i4.500

The issuance of erroneous land certificates by village heads in Indonesia has become a pressing legal and administrative issue, particularly because such actions create overlapping ownership rights and undermine public confidence in land governance. Background: The village head is vested with authority under the Village Law to certify land ownership, but this discretion often exposes opportunities for abuse of power. Purpose: This study aims to analyze the extent of criminal liability borne by village heads when issuing erroneous certificates, specifically in the context of Article 378 of the Indonesian Penal Code, which governs fraud. Methods: Using a normative juridical approach, the research examines statutory provisions, doctrinal debates, and relevant case law, while also drawing comparisons with legal doctrines from civil law jurisdictions. Results: The analysis reveals that the issuance of false land certificates may fulfill the elements of fraud if there is intentional misrepresentation or concealment of material facts to benefit oneself or another party. However, the findings also highlight a doctrinal tension between administrative misconduct, which should fall under administrative sanctions, and criminal liability, which arises only when fraudulent intent is established. Conclusions: The study argues for clearer regulatory guidelines that delineate administrative error from deliberate fraud, combined with preventive mechanisms such as oversight systems and capacity-building for village officials. These measures are essential not only to strengthen deterrence but also to ensure proportionality in sanctioning, thereby promoting legal certainty and protecting citizens’ property rights.

Legal Review of Tax Dispute Resolution in the Imposition of Underpaid Income Tax M. Saleh; Zudan Arief Fakrulloh
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.v3i4.526

One type of tax is income tax, and if the taxpayer does not agree or reject the imposition of income tax, then under tax provisions, the taxpayer has the right to take legal action. The purpose of this study is to ascertain Indonesia's income tax laws and regulations, and to find out the efforts to resolve tax disputes that can be carried out by taxpayers who are declared to have underpaid income tax. The research methodology is a normative legal study approach that employs a qualitative investigation of legal regulations. The study's findings indicate that applicable statutory provisions serve as the foundation for legal rules. One such provision is the income tax included in Law Number 36 of 2008 concerning the Fourth Amendment to Law Number 7 of 1983 concerning Income Tax (UU PPH). Legal remedies that taxpayers can take to reject the imposition of PPH are by filing objections, appeals, lawsuits through the tax court, and if they do not agree with the tax court's decision, the taxpayer can carry out a judicial review through the Supreme Court.

Reconstruction of National Legal Policy in Facing New Modus Operandi of Narcotics Distribution Through Expedition Courier Networks Kaisar Julio; Zudan Arief Fakrulloh
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.v3i4.527

The circulation of narcotics in Indonesia is increasingly complex with the emergence of a new modus operandi that utilizes courier networks as a means of distribution. This pattern exploits gaps in supervision and weak detection systems in the logistics chain, thus expanding the reach of distribution without direct interaction between perpetrators and buyers. This study aims to reconstruct national legal policy to comprehensively respond to this phenomenon. The method used is a normative juridical approach, by analyzing relevant laws and regulations, such as Law Number 35 of 2009 concerning Narcotics and its amendments and implementing regulations, Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 1 of 2024, and Law Number 7 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 into Law (regarding the strengthening of the Criminal Code). The results of the study indicate that existing regulations do not specifically anticipate the circulation of narcotics through courier services, particularly regarding oversight mechanisms, legal responsibilities of logistics service providers, and cross-sector coordination. Therefore, policy reconstruction is needed by adding specific norms to the Narcotics Law, strengthening technical regulations in the logistics sector, and increasing law enforcement capacity based on digital detection and intelligence technology. This research is expected to contribute to the development of policies that adapt to the dynamics of narcotics crime, while strengthening public protection from the increasingly covert threat of illicit trafficking.

Legal Accountability in Cases of Election Logistics Waste Related to Excessive Ballot Procurement Yulian Gunhar; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.402

This study aims to examine legal accountability in cases of election logistics waste, focusing on excessive ballot procurement. Election logistics waste often occurs due to the procurement of goods and services that do not match actual needs, which can harm the state and worsen the integrity of the election process. The case of excessive ballot procurement is in the spotlight because it has the potential to cause budget waste and increase the risk of manipulation or misuse. This study analyzes the legal aspects related to the responsibilities of the parties involved, including state officials, election organizers, and other related parties, as well as efforts that can be made to prevent similar waste in the future. The research method used is a normative approach by analyzing relevant laws and regulations and in-depth literature reviews.

Regulatory Imbalance between Motor Vehicles and Bicycles in Traffic Law and its Implications for Road Safety M. Adi Putra; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.403

This research is motivated by the increasing number of cyclists in Indonesia, especially after the Covid-19 pandemic, which is in line with the trend of healthy lifestyles, but also poses new challenges related to traffic safety. Cyclists who do not obey traffic rules are a factor in increasing the risk of accidents, due to disorder in traffic and the absence of adequate regulations to regulate them. Although the Traffic and Road Transportation Law has regulated the driver's obligations of motorized vehicles, regulations for cyclists are still limited, without any strict sanctions or clear safety obligations for them. The study strives to explore this legal vacuum and offer policy solutions that can improve traffic safety and create more balanced regulations between motorized vehicle drivers and cyclists. The method used in this study is a normative legal approach, which focuses on analyzing existing laws and regulations and finding legal loopholes that can be fixed to ensure safety and order on the highway.

The Urgency of Legal Regulation on the Use of Clinical DNA Tests as Evidence in Criminal Accountability in Indonesia Niken Budi Setyawati; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.418

Clinical DNA testing as evidence in criminal liability is increasingly relevant along with the development of forensic technology. However, the criminal procedure law system in Indonesia, as regulated in the Criminal Procedure Code (Law No. 8 of 1981), has not explicitly accommodated the position of DNA testing as independent evidence. The use of DNA so far can only be categorized in expert testimony, which has raised debate regarding its evidentiary strength. Meanwhile, clinical DNA testing is also closely related to human rights protection, especially genetic privacy, as regulated in Law No. 27 of 2022 concerning Personal Data Protection. By referring to the latest Health Law (Law No. 17 of 2023) and developments in international practice, specific regulations on procedures, validity of results, and protection of DNA data are very urgent to avoid judicial errors and misuse of scientific evidence. This study uses a normative legal method with a statutory and conceptual approach. The results indicate that there is a need for an update to criminal procedure law to recognize clinical DNA testing as separate evidence while ensuring strict procedural standards. Thus, using scientific evidence can provide optimal contributions to the enforcement of criminal justice in Indonesia without ignoring the basic rights of individuals.

Notary Responsibilities and Legal Protection of Legal Owners of Land Certificates Transferred Illegally (Case Study of Land Ownership Certificate No. 3747/Pondok Pinang, South Jakarta) Yanah Susanti; Zudan Arief Fakrulloh
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.v3i3.573

The land dispute case experienced by Ir. Sugandi over Certificate of Ownership (SHM) No. 3747/Pondok Pinang, South Jakarta, demonstrates the abuse of authority by notaries and the weakness of land administration oversight. The land certificate belonging to Ir. Sugandi was unlawfully transferred through the involvement of several notaries, resulting in the issuance of a preliminary sale and purchase agreement, a forged deed of sale and purchase, and ultimately a new certificate under the name of a third party. Furthermore, the certificate was encumbered with a mortgage at a banking institution without applying the prudential principle. This study aims to analyze the validity of land transfers carried out through defective deeds, examine the legal responsibility of the notaries involved, assess the juridical implications of the issuance of the new certificate by the National Land Agency, and evaluate the application of the prudential principle by financial institutions in accepting land rights as collateral. In addition, this study formulates legal protection measures that can be provided to the rightful owner to defend his rights. The results of this study are expected to provide theoretical contributions to the development of civil law and land law, as well as practical implications to strengthen the supervision of notarial practice, land institutions, and banking institutions in order to ensure legal certainty and the protection of land ownership rights in Indonesia.

Analysis of the Legal Protection of the Indonesian and South Korean Governments in Protecting the Human Rights of Prospective Indonesian Migrant Workers in the Korean G to G Program Muhammad Hasyim; Zudan Arief Fakrulloh
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.v3i3.574

A scheme for the placement of prospective Indonesian migrant workers to work in South Korea through the G to G Korea Program. This G-to-G program opens up opportunities for prospective Indonesian migrant workers to work in South Korea. However, in the process, prospective Indonesian migrant workers often face various problems that can threaten their human rights, such as many prospective migrant workers having to wait for years and even until some do not manage to get a placement to work in South Korea. This study analyzes the legal protections provided by the Indonesian government and the South Korean government to prospective Indonesian migrant workers in the Korean G-to-G program, and evaluates the effectiveness of these protections in guaranteeing their human rights. This study uses a normative legal research method by analyzing the laws and regulations that apply in Indonesia and South Korea as well as literature, journals, books and academic documents related to the protection of prospective Indonesian migrant workers. This research aims to find solutions so that the placement of prospective migrant workers runs better so that there is no accumulation of prospective migrant workers who have not received placements which in the end the rights of prospective migrant workers can be protected.

Implications of Non-Refoulement for Refugees and Asylum Seekers Suspected of Serious Crimes from an International Law Perspective Richard Herlambang; Zudan Arief Fakrulloh
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.v3i3.599

The principle of non-refoulement is a fundamental norm of international law that prohibits countries from returning refugees or asylum seekers to territories where they are at risk of torture, ill-treatment, or serious threats to their life and freedom. Its implementation faces challenges when refugees or asylum seekers are suspected of being involved in serious crimes, such as terrorism, war crimes, or transnational crimes. This study uses a juridical-normative approach by examining international legal instruments, including the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Article 33 on non-refoulement and Article 1F on exclusion clauses), and the Convention Against Torture (CAT) Article 3. At the national level, the study refers to Law No. 6 of 2011 on Immigration and Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad. The analysis shows that although exclusion clauses allow countries to refuse protection to perpetrators of serious crimes, the principle of non-refoulement remains binding when there is a risk of torture or inhumane treatment. Thus, states need to prioritize alternative mechanisms such as domestic prosecution (aut dedere aut judicare), extradition with guaranteed human rights protection, or resettlement in a third country. This study recommends the creation of a comprehensive national refugee law to balance international obligations, human rights protection, and state sovereignty.

Private Hospitals' Liability for Anesthetic Negligence with Implications for Vicarious Liability and Legal Immunity of the Medical Profession Selvy Devita Anggeraini; Zudan Arief Fakrulloh
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.v3i3.600

The principle of vicarious liability holds employers or healthcare institutions accountable for the negligence of medical personnel under their supervision. In the context of private hospitals, this becomes crucial when an anesthesiologist's negligence has the potential to cause serious harm to patients. This study examines the liability of private hospitals for anesthesia negligence, as well as the implications of vicarious liability and the legal immunity of the medical profession, using a normative and conceptual juridical approach. This study examines Law Number 17 of 2023 concerning Health, Articles 1365 and 1367 of the Civil Code, and Articles 359 and 360 of the Criminal Code. The study indicates that private hospitals can be held civilly liable if it is proven that they have an employment relationship or supervision with an anesthesiologist, even if the medical procedure is performed individually. Legal protection for the medical profession applies only as long as the physician acts in accordance with professional standards and medical procedures, thus not providing absolute protection against gross negligence. This study recommends strengthening employment contracts, standard operating procedures for anesthesia, and internal hospital oversight systems to minimize the risk of legal disputes and improve patient protection.

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