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Journal : LAWPASS

The Application of Democratic Principles in Indonesia's Electoral System Syarif Hidayat, Anang; Suganda, Atma; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.39

Abstract

This study aims to analyse the application of democratic principles in Indonesia's electoral system, focusing on the suitability of the implementation of the Direct, General, Free, Honest and Fair principle and the factors that hinder the effectiveness of its implementation. The results show that although Indonesia has adopted democratic principles in the organisation of elections, there are some challenges, such as the practice of money politics, unequal access to voters, and low voter participation. However, overall, the principle of Direct, General, Free, Honest and Fair has been applied in various stages of the election, and the role of organising bodies such as the General Election Commission and the General Election Supervisory Agency has increased transparency and accountability. Nonetheless, there is a need to continue improving electoral mechanisms to address existing problems and improve the quality of Indonesian democracy. This research provides recommendations for the strengthening of political education, the application of technology in elections, as well as an evaluation of the threshold policy and the role of mass media in voter education.
Legal Protection for Concurrent Creditors Reviewed from the Principle of Business Continuity and the Principle of Justice Hambali, Hambali; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.44

Abstract

This article discusses legal protection for concurrent creditors in bankruptcy proceedings by reviewing the application of the going concern principle and the principle of fairness. Bankruptcy is a condition that requires the management of debtor assets to ensure payment of debts to creditors. However, concurrent creditors are often in a disadvantageous position in terms of payment priority, thus requiring special legal protection. The going concern principle provides an opportunity for companies to continue operating and increase the value of assets in order to optimize payments to concurrent creditors. Meanwhile, the principle of fairness ensures a fair and proportional distribution among all creditors without any arbitrary actions. Through this analysis, the article concludes that the application of both principles can improve protection for concurrent creditors and create a fairer bankruptcy process. Recommendations include improving regulations to clarify creditor protection mechanisms, stricter supervision of the implementation of the principle of fairness, and optimizing the application of the going concern principle to increase the value of assets for concurrent creditors.
Corporate Vicarious Liability in the Crime of Participating in Bribery in Indonesia Ferdinan Wangania, Yusof; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.45

Abstract

The complexity of the corporate landscape has positioned enterprises as key actors in criminal offenses, including bribery. Although the National Criminal Code (Law No. 1/2023) recognizes corporations as subjects of criminal law, the application of vicarious liability in corporate bribery cases remains underexplored. This study examines the implementation of vicarious liability for corporations in the context of bribery in Indonesia, particularly after the enactment of the National Criminal Code. Utilizing a juridical-normative methodology and statutory and conceptual approaches, this research analyzes primary and secondary legal materials qualitatively and descriptively. The findings reveal that the National Criminal Code incorporates the concepts of identification and vicarious liability into corporate accountability, extending the scope to include those in de facto control of the organization. Applying vicarious liability in bribery cases requires proof of a causal link between the bribery act and the corporation's interests. This study contributes to the alignment of vicarious liability with established principles of criminal law and provides insights into corporate accountability under the new Criminal Code framework.
Revitalizing Nationalism through Authentic Urban Spaces: The Role of Advanced Social Intelligence and Sustainability Suparno, Suparno; Nursanty, Eko; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.49

Abstract

In an increasingly globalized world, the preservation of national identity through authentic urban spaces faces significant challenges. As cities expand and modernize, the balance between sustainability, cultural heritage, and technological advancements becomes more difficult to achieve. This paper explores the intersection of sustainability and advanced social intelligence in urban planning, focusing on how these multidisciplinary approaches can help revitalize nationalism by maintaining the authenticity of space and place. Sustainability initiatives in urban development often prioritize environmental efficiency and smart growth but may inadvertently threaten the cultural and historical elements that define a nation's identity. By leveraging advanced social intelligence, such as data-driven decision-making, community participation, and real-time analytics, cities can manage growth while protecting the cultural integrity of their urban landscapes. This paper highlights successful case studies from both global and local contexts where urban spaces have been carefully preserved and modernized in ways that reinforce national pride and identity. Through a comprehensive analysis, this study argues that preserving the authenticity of urban spaces—especially historical districts, architectural landmarks, and culturally significant areas—plays a critical role in sustaining national identity in the face of rapid urbanization. Furthermore, it emphasizes the need for a multidisciplinary approach, integrating architecture, urban planning, technology, and sociology to create a sustainable urban framework that respects cultural heritage while fostering innovation. The paper offers insights into how advanced social intelligence and sustainability can be effectively combined to support the authenticity of urban spaces, thereby contributing to a renewed sense of nationalism and cultural cohesion in modern cities.
Criminal Offence of Online Gambling: An Indonesian Criminal Law Perspective Purba, Reni; Maryano, Maryano; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.56

Abstract

This research aims to analyse the criminal act of online gambling in the perspective of criminal law in Indonesia, focusing on the existing law enforcement mechanisms as well as the challenges faced in eradicating online gambling practices. Although Indonesia has clear regulations related to online gambling, such as those contained in the Criminal Code (KUHP) and the ITE Law, this research found that the implementation of law enforcement still faces major obstacles, especially related to the development of information technology, the accessibility of illegal gambling sites, and problems in proving in court. More effective law enforcement requires the integration of more sophisticated technology, cross-border co-operation, as well as a preventive approach to raise public awareness. This research is expected to provide insights for policy makers, legal practitioners, and the public in addressing the problem of online gambling.