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The Urgency of Formulation of Responsive Criminal Law Policies to the Values of the Madura Carok Tradition in the Framework of Restorative Justice and Legal Pluralism in Indonesia Arafah, Reny; Anggoro, Purwadi Wahyu; Setiono, Joko
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.v3i3.426

Abstract

The tradition of carok in Madurese society is a practice of conflict resolution that is deeply rooted in the values of honor and self-respect. Although socio-culturally carok is understood as a form of defending one's dignity, this practice contradicts the national criminal justice system, which prioritizes the principles of legality and protection of the right to life. This disparity creates challenges in law enforcement, as the state often fails to accommodate local values in the formulation of criminal policies. This study aims to analyze the urgency of formulating criminal policies that are responsive to the values of the carok tradition, using restorative justice and legal pluralism as integrative solutions. The method used is normative jurisprudence with a legislative approach and the theories of legal pluralism and restorative justice. The analysis shows that the new Criminal Code (Law No. 1 of 2023) through Article 2 has recognized the existence of customary law, but it has not yet fully addressed sociocultural challenges such as carok. A reformulation of criminal policy is needed that not only emphasizes repressive aspects but also accommodates community-based resolutions through penal mediation and the role of customary leaders. With this approach, it is expected that reconciliation between state legal values and local wisdom will occur to create substantive justice rooted in the social reality of the community.
Effectiveness of Investigator and Assistant Investigator Certification at the Special Criminal Investigation Directorate of Bengkulu Regional Police as a Mandatory Instrument to Improve Investigation Quality Merawati, Andriyani; Anggoro, Purwadi Wahyu; Setiono, Joko
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.v3i3.427

Abstract

This study examines the effectiveness of investigator and assistant investigator certifications at the Bengkulu Regional Police Criminal Investigation Unit as mandatory instruments for enhancing the quality of specialized criminal investigations. The certification process is outlined in Perpol No. 6 of 2019 and Perkap No. 99 of 2020, both of which emphasize the importance of competency standards and developing superior police human resources. The study analyzes how certification promotes legal compliance and enhances investigator professionalism through competency-based assessments. The research findings suggest that certified investigators have superior capabilities when conducting investigations by the Criminal Procedure Code (KUHAP) and Law No. 2 of 2002 by the National Police of the Republic of Indonesia. The improvement in investigation quality is reflected in investigations' completeness, accuracy, and compliance with legal procedures. This supports case success up to the P-21 stage. However, certification implementation faces obstacles such as limited trainers and competency assessors, an uneven distribution of certified investigators, and suboptimal integration of competency supervision between related work units. The study recommends strengthening internal regulations, digitizing training and competency assessments, and implementing an effective performance evaluation system to uniformly enhance investigator professionalism. These findings are expected to inform the development of human resource policies within the Indonesian National Police, promoting more professional and fair law enforcement.
Legal Protection for Creditors as Holders of Fiduciary Rights Against Unlawful Transfer of Motor Vehicles by Debtors in Financing Agreements Simangunsong, Daniel P; 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.v3i3.428

Abstract

Motor vehicle financing agreements with fiduciary guarantees are a common practice in consumer financing in Indonesia. In practice, debtors often transfer the fiduciary object, such as a motor vehicle, to a third party without the written consent of the creditor, which is contrary to the provisions of Article 23(2) of Law No. 42 of 1999 on Fiduciary Security. Such actions not only violate the agreed-upon agreement but also constitute unlawful acts and may even be classified as criminal embezzlement as stipulated in Article 36 of the Fiduciary Law and Article 372 of the Criminal Code. This study aims to analyze the forms of unlawful transfers, the legal consequences for the debtor, and the legal protections available to the creditor as the holder of the fiduciary right. The methodological approach used is a normative legal analysis, with primary and secondary legal sources including legislation, doctrine, and court rulings. The analysis indicates that legal protection is available both preventively through fiduciary registration and contract clauses, and repressively through civil lawsuits and criminal reports. However, the implementation of legal protection still faces obstacles, including weak law enforcement, low legal literacy among the public, and the suboptimal role of law enforcement officials. Therefore, efforts are needed to enhance the effectiveness of legal protection through regulatory updates and legal education for the public to prevent further violations of fiduciary collateral.
Juridical Analysis of the Destruction of Modified Exhaust Pipes by Palangka Raya Police from the Perspective of Human Rights Protection Syafuan Nor, Muhammad; Setiono, Joko; Hamid, Supardi
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.v3i3.430

Abstract

The phenomenon of using modified (loud) exhaust pipes, known as knalpot brong, in various regions of Indonesia, including Palangka Raya City, has caused public unrest due to noise pollution disrupting comfort and public order. In response, the Palangka Raya Police Department conducted enforcement and destroyed 510 modified exhaust pipes as part of law enforcement efforts. This study aims to analyze the legality of these actions from the perspective of positive law and review them within the framework of human rights protection. The research method used is normative juridical with a legislative approach and case study. Based on Article 285 paragraph (1) of Law No. 22 of 2009 and Minister of Environment and Forestry Regulation No. 56 of 2019, these actions have a strong legal basis. However, from the human rights perspective as regulated in Articles 28A to 28J of the 1945 Constitution and Law No. 39 of 1999 on Human Rights, the destruction of personal property such as exhaust pipes must still consider principles of proportionality, justice, and a humane approach. Law enforcement that ignores these aspects may potentially violate personal property rights. The study results indicate that the destruction of knalpot brong by authorities can be legally and ethically justified as long as it is carried out with correct procedures and prioritizes respect for citizens' fundamental rights. There is a need for more intensive socialization and legal education to raise public awareness and foster a culture of civilized traffic order.
Synergy Between the Police and the Community in Crime Prevention Efforts by the Directorate of General Criminal Investigation in Jambi Province Anindito, Dhadhag; Koto, Zulkarnaen; Setiono, Joko
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.v3i3.431

Abstract

This study discusses the synergy between the police and the community in crime prevention efforts, focusing on the role of the Directorate of General Criminal Investigation (Ditreskrimum) of the Jambi Regional Police. Crime prevention is not solely the responsibility of the police institution but requires the active involvement of the community as a strategic partner. This study uses a normative juridical approach to examine the legal framework governing such cooperation, including Law No. 2 of 2002 concerning the Indonesian National Police, Police Regulation No. 1 of 2021 on Community Policing, and Police Regulation No. 14 of 2018 in conjunction with Police Regulation No. 3 of 2024, which regulate the organization and core duties of Ditreskrimum at the regional police level. The study finds that Ditreskrimum has implemented various preventive strategies, such as dialogic patrols, the establishment of partnership forums, and legal education for the public. However, the implementation of this synergy still faces multiple challenges, including limited resources, low public legal awareness, and weak oversight of program implementation. Additionally, discrepancies between the regulatory framework and on-the-ground practices hinder the long-term effectiveness of this synergy. The study recommends strengthening personnel capacity, providing local policy support, and developing evaluation systems and administrative sanctions as solutions to establish a more equitable, participatory, and sustainable partnership in crime prevention.
Disparities in Access to Driving Licenses as a Barrier to Mobility and Social Participation for Deaf People in the Context of Inclusive Development in Urban Areas R Yusuf, Reza Pratama; 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.v3i3.432

Abstract

This article discusses the disparity in access to driver's licenses for deaf people in Indonesia, which has implications for their limited mobility and social participation in the context of inclusive development in urban areas. Mobility is a constitutionally guaranteed basic right, but in practice, people with hearing disabilities are often faced with structural and administrative barriers when accessing a driver's license. National legal provisions such as Law No. 8 of 2016 on Persons with Disabilities and National Police Regulation No. 5 of 2021 on the Issuance and Marking of Driver's License have not been fully implemented inclusively, especially in the interpretation of hearing health requirements that tend to be discriminatory. The rejection of SIM applications from deaf people, the absence of proper accommodations such as sign language interpreters, and the mismatch between human rights principles and bureaucratic technical procedures indicate an inequality of access rooted in policy bias. This research is a normative juridical approach by analyzing national legislation and international instruments, especially the Convention on the Rights of Persons with Disabilities (CRPD). The analysis shows that barriers to driver's license access limit the participation of deaf people in the economic, educational, and political spheres, and hinder the achievement of inclusive urban development as mandated in the Sustainable Development Goals (SDGs), especially Goal 10 and Goal 11. Policy reforms are needed that emphasize regulatory harmonization, strengthening of reasonable accommodation, and integration of inclusiveness principles in transportation systems and urban planning.
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.