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

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Cooperation Between Local Governments and The South Korean Government in The Seasonal Worker Program Hendro Tri Subiyantoro; Riswadi
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.v3i4.511

Abstract

The cooperation between local governments and the South Korean government in the seasonal worker program is one form of implementation of decentralization and regional autonomy that has a significant impact on improving community welfare. This program provides opportunities for local communities to gain international work experience, improve skills, and contribute to local economic development. However, legally, foreign cooperation by local governments must be implemented within a national legal framework that emphasizes that foreign policy matters remain under the authority of the central government. In this context, this legal research analyzes the legal basis, authority, and legal protection for seasonal workers placed through bilateral cooperation between Indonesia and South Korea. The study was conducted using a normative approach through an analysis of laws and regulations, including the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2014 concerning Regional Government (juncto Law Number 9 of 2015), Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, and Minister of Home Affairs Regulation Number 25 of 2020 concerning Procedures for Regional Cooperation with Regional Governments Abroad. Furthermore, aspects of seasonal worker protection are analyzed from an international legal perspective, including the Indonesia-South Korea bilateral understanding and international conventions on migrant workers. The analysis shows that while local governments have room to collaborate with foreign governments, their undertaking must remain coordinated with the central government to avoid overlapping authority. Legal protection for seasonal workers also faces challenges, particularly related to overseas supervision and the protection of basic workers' rights. Therefore, regulatory synergy and strengthening of cooperation mechanisms are needed to ensure the seasonal worker program runs optimally and adheres to the principles of legal protection.
Legal Implications of Separation of Regional Assets in Regionally-Owned Enterprises for the Protection of Public Assets and State Financial Accountability Nurakhman; Riswadi
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.v3i4.512

Abstract

This study analyzes the legal implications of the separation of regional assets in Regionally-Owned Enterprises (BUMD) on the protection of public assets and state financial accountability. The separation of regional assets, as regulated in Article 298 paragraph (5) of Law Number 23 of 2014 in conjunction with Law Number 9 of 2015, emphasizes that the separated regional assets constitute capital investment by the regional government to BUMD. After capital investment, these assets are no longer recorded as part of the Regional Revenue and Expenditure Budget (APBD), but become BUMD assets as a separate legal entity in accordance with Article 4 of Government Regulation Number 54 of 2017. This study uses a statutory and conceptual regulatory approach by analyzing the provisions of Law Number 17 of 2003 concerning State Finance, Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, and other derivative regulations such as PP 54/2017 and Permendagri 118/2018. The study results indicate that separated regional assets remain categorized as state finances as long as the regional government has significant ownership or control. Therefore, management of Regionally-Owned Enterprises (BUMD) is required to comply with Government Accounting Standards (PP 71/2010) and is subject to supervision by the Supreme Audit Agency (BPK) in accordance with Law Number 15 of 2004. Protecting public assets requires strengthening regional regulations, transparent oversight mechanisms, and the application of good governance principles to prevent misuse, uncontrolled privatization, and corruption, as specified in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. This study's recommendations emphasize the importance of regulatory synergy and an increased role of internal and external supervisors to ensure that separated regional assets continue to provide optimal benefits to the public.
Legal Reconstruction of DNA Screening Evidence of Schizophrenia in the Criminal Accountability System in Indonesia Veranika Santiani Fani; Riswadi
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.v3i4.541

Abstract

The rapid advancement of genetic technologies, such as DNA screening for schizophrenia, presents both opportunities and challenges for the Indonesian criminal justice system. The paper investigates the necessity to restructure current norms to take into account scientific findings while respecting human rights, as well as the legislative framework controlling the use of schizophrenia DNA screening as evidence in criminal proceedings. This study combines an analysis of laws with a normative-empirical legal methodology, court decisions, and literature with insights from interviews with legal and health experts. The results show that the current Indonesian criminal procedure law, specifically Article 184 of the Criminal Procedure Code (KUHAP) and Article 44 of the Criminal Procedure Code (KUHP), does not explicitly recognize DNA-based evidence, creating legal uncertainty and potential human rights violations for defendants with mental disorders. The gap between genetic data protection in health law and criminal procedure regulations exacerbates the risk of misuse and ethical violations. This study recommends a progressive legal reconstruction that integrates DNA screening into the evidentiary system, ensuring clear legal legitimacy, procedural safeguards, and alignment with bioethical principles and international human rights standards. By establishing comprehensive regulations, technical guidelines, and developing institutional capacity, Indonesia can create a scientifically based, transparent criminal justice system that protects the rights of the accused, thus advancing substantive justice in the era of forensic technology.
Legal Reform as a Strategy to Strengthen Government-to-Government (G2G) Cooperation in Handling International Migrant Workers Dwi Arie Isdiyanto; Riswadi
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.v3i4.542

Abstract

This study analyzes the challenges and strategies for strengthening Government-to-Government (G2G) cooperation in handling international migrant workers from a legal perspective. Although Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 6 of 2023 concerning Job Creation serve as the legal umbrella for employment, several provisions, such as Article 34 of Law 18/2017, do not yet include a mechanism for monitoring migrant workers in destination countries, creating a legal vacuum and inconsistencies with bilateral agreements and ILO Conventions No. 97 and 143. A normative juridical method was used by examining national regulations, bilateral agreements, and international conventions to identify legal weaknesses and diplomatic obstacles. The results of the study indicate the need for reformulation of bilateral agreements to make them legally binding, revision of inadequate articles, establishment of a joint monitoring mechanism, and integration of migrant worker information systems. With this strategy, G2G cooperation will not only function administratively but also become a strategic legal instrument that guarantees the rights, dignity, and welfare of migrant workers in a sustainable manner.
Easy Access to Health Services in Inclusive Government Governance Tumpak Parulian Situngkir; Riswadi
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.v3i3.588

Abstract

Access to health services is a fundamental right guaranteed by the 1945 Constitution. The Indonesian government has demonstrated its strong commitment through the Contribution Assistance Recipient (PBI) program, namely in Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, which provides subsidies for National Health Insurance (JKN) premiums funded by the regional budget for the poor and underprivileged. However, there are serious challenges related to the accuracy of targeting recipients and the equitable distribution of health care facilities throughout Indonesia. The objective of this study is to analyze the mechanism for determining PBI recipient criteria, identify obstacles in program implementation, and offer strategic solutions to make health subsidies more effective and equitable. The method used is normative juridical, employing a legislative and analytical approach. Research shows that although PBI has succeeded in improving access to health services through Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, the problem lies in the validation of recipient data, which is often inaccurate, so that the wealthy continue to enjoy subsidies while some of the poor are overlooked. Government efforts such as DTKS integration, supervision of aid distribution, and the construction of primary hospitals are significant steps toward improvement. effectiveness of the PBI program is highly dependent on the accuracy of beneficiary data and the equitable distribution of healthcare services. With strengthened databases, continuous verification, and improved healthcare infrastructure, this program can be more targeted and sustainable in achieving social justice in the field of health.
Customs Valuation Disputes in Export-Import: Evaluating Objection and Appeal Procedures for Business Certainty Erwan Bagja Erawan; Riswadi
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.v3i3.591

Abstract

Accurate customs valuation underpins fair taxation and equitable trade practices, yet disputes frequently emerge during the assessment process, particularly in export-import transactions. This article investigates the legal and practical dynamics of objection and appeal against customs valuation, with a focus on their implications for business certainty. Drawing on empirical observations, regulatory analysis, and interviews with practitioners, the study identifies several recurring causes of disputes, including valuation adjustments by customs authorities, lack of clarity in evidentiary requirements, and limited access to consistent legal guidance. Despite the availability of objection and appeal as statutory remedies, exporters and importers report challenges such as high administrative burdens, delays in adjudication, and financial risks during the resolution process. These obstacles undermine predictability in cross-border trade and may discourage investment. The findings underscore the importance of reforming dispute settlement mechanisms by introducing time-bound procedures, enhancing transparency in decision-making, and aligning national practices with international valuation standards. The article concludes that strengthening objection and appeal procedures not only protects the rights of traders but also reinforces trust between businesses and customs administrations, thereby contributing to smoother trade facilitation and more resilient international commerce.
Co-Authors Dwi Arie Isdiyanto Erwan Bagja Erawan Hendro Tri Subiyantoro Nurakhman Tumpak Parulian Situngkir Veranika Santiani Fani