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

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 Pramesti, Shinta Ayu; Setiono, Joko; Anggoro, Purwadi Wahyu
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

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.
Legal Implications of the Application of Restorative Justice to Narcotics Crimes in Order to Realize Restorative Justice and Rehabilitation for Perpetrators Hia, Renovasi; Setiono, Joko; Koto, Zulkarnein
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

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 Sekar, Aji Yoga; Setiono, Joko; Sutrisno, Sutrisno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

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.
Optimization of Smart Policing and Democratic Policing Concepts as Polri's Efforts in Building Synergy with the Community to Realize Inclusive and Just Security Governance Santoso, Joko Edy; Setiono, Joko; Gani, Yopik Gani
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.429

Abstract

The security paradigm in the modern era has experienced a significant shift from a repressive approach to a more preventive, participatory, and technology-based model. In the Indonesian context, this is reflected in Polri’s efforts to adopt the Smart Policing and Democratic Policing concepts as a reform strategy for building inclusive and just security governance. Smart Policing emphasizes the use of information technology, big data, and artificial intelligence in detecting, analyzing, and preventing crime predictively. Meanwhile, Democratic Policing emphasizes the principles of transparency, accountability, respect for human rights, and community involvement in the security decision-making process. This study uses a normative legal method to analyze the legal basis and effectiveness of the implementation of police policies, referring to the latest regulations such as Law Number 2 of 2002 concerning the Police, Law Number 27 of 2022 concerning Personal Data Protection, and Police Regulation Number 8 of 2021 concerning Restorative Justice. The analysis shows that optimizing the two approaches still faces challenges in terms of limited digital infrastructure, regulatory gaps, and minimal independent civilian oversight. To realize a fair and democratic security system, it is necessary to strengthen institutional capacity, increase technological literacy for Polri personnel, and develop community participatory forums. The synergy between institutions and the public is key to building legitimacy and trust in the national security system.
Asset Recovery Mechanisms in Transnational Corruption Cases: Legal Frameworks and International Cooperation Challenges Mayora Pranata, Feabo Adigo; Setiono, Joko; Fadri, Iza
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

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.
Juridical Analysis of the Flexibility in Procurement Procedures For Goods and Services During the Covid-19 Emergency Period From the Perspective of Administrative Law and the Risk of Abuse of Authority Sekali, Gidion Karo; Setiono, Joko; Rudhanto, Albertus Wahyu
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.444

Abstract

The COVID-19 pandemic prompted the government to take swift action in meeting public needs through emergency procurement of goods and services. In such situations, procurement procedures do not follow standard mechanisms, but instead are granted flexibility specifically regulated through instruments such as Presidential Regulation Number 16 of 2018 in conjunction with Presidential Regulation Number 12 of 2021, as well as LKPP Regulation Number 13 of 2018. This study aims to analyze the legality of such procedural flexibility during emergencies from the perspective of administrative law and to examine the potential for abuse of authority that may arise. A normative juridical approach is used to examine the relevance of general principles of good governance (AUPB), such as proportionality, accountability, and transparency, as stipulated in Law Number 30 of 2014 on Government Administration. The analysis reveals that while procedural flexibility in emergency situations is normatively justified, weaknesses in oversight and limited technical guidance open opportunities for irregularities, such as mark-up practices, direct appointments without real needs, and conflicts of interest. The absence of clear limits on discretionary power also poses a risk of abuse of power. Therefore, there is a need to strengthen regulations, enhance the capacity of procurement personnel, and optimize risk-based oversight technologies to ensure accountability at every stage of emergency procurement. This study is expected to contribute to the formulation of more adaptive procurement policies that remain grounded in the principles of administrative law, ensuring justice and legal certainty.
KHIDMAH DALAM PERSPEKTIF AL-QUR’AN DAN URGENSINYA BAGI PARA SANTRI Setiono, Joko; Rena, Syahidah; Syarif, Fajar
Darul Hikmah: Jurnal Penelitian Tafsir dan Hadits Vol 8 No 1 (2022): Darul Hikmah: Jurnal Penelitian Hadits dan Tafsir
Publisher : Sekolah Tinggi Ilmu Ushuluddin (STIU) Darul Hikmah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.772 KB) | DOI: 10.61086/jstiudh.v8i1.27

Abstract

Khidmah is a series of acts of service or a loyal attitude to help someone or something with sincerity and totality carried out by chosen people in order to seek the blessings of knowledge and life that have lasted since the time of prophethood. However, the term khidmah in the modern era is often just a jargon to increase popularity or spread imagery to attract public attention and sympathy. This paper aims to describe the process and explore the wisdom of the khidmah tradition which is mentioned implicitly in various verses in the Qur'an so that it becomes clearer so that it is able to provide a complete description and correct understanding. This type of research is descriptive qualitative, with library research data collection through related and relevant literature with the title of this research. The results of this study indicate that khidmah has become a culture carried out by chosen humans as a manifestation of a student's loyalty to his teacher, one's obedience to others, one's gratitude for the blessings he has received, a form of leader service to his community, even being evidence of the creature's obedience to creatures which is not the same kind that is done with full dedication and totality. The culture of khidmah has become a tradition that is inseparable from the values ​​of goodness that help maintain the existence of Islamic values ​​during the time of the Prophet Muhammad and the times after. Khidmah, for santri (the islamic students) has become part of the process of independence and a means of seeking blessings, while for the pesantren (islamic boarding school) it has become an effective medium in the education process and character building for the santri so that their existence continues to be maintained by various methods that adapt to their times
Omnibus Law dalam Perspektif Hukum dan Politik Miran, Miran; Lumban Tungkup, Doharman; Wira Perdana, Fadjrin; Irwan, Irwan; Setiono, Joko
Jurnal Indonesia Sosial Sains Vol. 3 No. 08 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i08.666

Abstract

Omnibus law is a concept that is considered to be able to reduce state problems in the legal obesity aspect so that the government administration process becomes easier and has the ability to attract many foreign investors to improve people's welfare. For this reason, researchers want to find out more about omnibus law from a legal and political perspective. This research uses a descriptive qualitative type with data collection techniques using a normative juridical literature study. The results of the study show that omnibus law meets legal standards regarding the substance, structure and legal culture assessed from the legal aspect. Meanwhile, in the political field, it is known that the omnibus law has substance that is in accordance with the purpose of its formation as well as a long drafting process so that legal politics is carried out to facilitate the process of drafting up to the issuance of the Job Creation Act.