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International Journal of Social Service and Research
Published by Ridwan Institute
ISSN : 2807839X     EISSN : 28078691     DOI : 10.46799
Core Subject : Economy, Science, Education, Social,
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Social Service and Research is a double-blind, peer-reviewed academic journal with open access to social and scientific fields. The journal is published monthly by Ridwan Institute. International Journal of Social Service and Research provides a means for sustained discussion of relevant issues that fall within the focus and scopes of the journal, which can be examined empirically. The journal publishes research articles covering all aspects of Social Sciences, Contemporary Political Science, Educational Sciences, Religious Sciences, Economics, Engineering Sciences, Health Sciences and Design Arts Sciences.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,069 Documents
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Rejection of Bankruptcy/PKPU Petitions Against Apartment Developers Following Sema No. 3 Of 2023: An Analysis of Legal Protection, Substantive Justice, and Legal Certainty for Unsecured Creditors Rusdinah Rusdinah; Evi Kongres
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1433

Abstract

This study aims to analyse the application of the simple evidentiary principle in bankruptcy cases and Suspension of Debt Payment Obligations (PKPU) against apartment developers after the issuance of the Supreme Court Circular Letter Number 3 of 2023, as well as examine legal protection for concurrent creditors due to the rejection of bankruptcy applications or PKPU. The research method used is normative legal research with a legislative, conceptual, and case approach through the analysis of Decision Number 10/Pdt.Sus-PKPU/2022/PN Niaga Smg, Decision Number 320/Pdt.Sus-PKPU/2022/PN Niaga Jkt.Pst, and Supreme Court Decision Number 1349 K/Pdt.Sus-Pailit/2023. The novelty of this research lies in the analysis of the shift in the meaning of the simple evidentiary principle for apartment developers reviewed from the perspective of substantive justice and legal certainty and its implications for the protection of concurrent creditors. The results of the study show that before the enactment of Supreme Court Circular Letter Number 3 of 2023, the application of the simple proof principle focused on the fulfilment of the elements of the existence of more than one creditor and debts that have matured and can be collected as stipulated in Law Number 37 of 2004. However, after the enactment of Supreme Court Circular Letter Number 3 of 2023, the complexity of the legal relationship between developers and apartment buyers has become the main consideration, so that bankruptcy applications or PKPU tend to be considered as not meeting the simple evidentiary requirements.
Abuse of Authority in Tax Collection Through the Application of Tax Seizure (Gijzeling) by the Directorate General of Taxes Seselia Ongso; Evi Kongres
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1434

Abstract

This study discusses the authority of the Directorate General of Taxes (Direktorat Jenderal Pajak, Dirjen Pajak) in the process of tax collection through the application of tax hostage taking (gijzeling) and the legal consequences of its application if it is carried out based on tax collection that contains deviations of authority. The formulation of this research problem includes: how is the authority of the Director General of Taxes in the tax collection process through the application of gijzeling, and what are the legal consequences of the implementation of gijzeling carried out through tax collection which contains deviations of authority, in terms of legal certainty and legal protection of taxpayers. This study uses normative-empirical legal research methods with legislative, conceptual, and case study approaches. The results of the study show that the authority of the Director General of Taxes in implementing gijzeling is attribution authority given by laws and regulations as a tax collection instrument that can only be used after all material and procedural requirements determined by law are met. This condition results in legal uncertainty, reduced legal protection for taxpayers, and opens up the possibility of legal liability for government actions carried out illegally. This study concludes that the effectiveness of tax collection through gijzeling must be balanced with compliance with the principles of legality, proportionality, and accountability so that the implementation of tax authority does not develop into a form of abuse of authority that is detrimental to taxpayers.
Electricity Theft as an Economic Crime: Legal and Policy Analysis in Indonesia Martha Damita Palilu; Hendrik Salmon; Hadibah Wadjo
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1436

Abstract

This study examines electricity theft as an economic crime within the Indonesian legal framework, focusing on its legal implications, enforcement challenges, and impact on state financial interests. The background of this research is rooted in the increasing occurrence of electricity theft, which not only causes financial losses to PT PLN (Persero) but may also contribute to broader state financial losses due to its status as a state-owned enterprise managing public assets. The objective of this study is to analyze the criminal liability of electricity theft offenders and to evaluate the effectiveness of legal enforcement under Law Number 30 of 2009 concerning Electricity. The method used is normative legal research with statutory, conceptual, and comparative approaches. Legal materials were collected through library research and analyzed qualitatively to examine relevant legal norms, doctrines, and judicial interpretations. The results show that electricity theft is explicitly regulated as a criminal offense and should be treated as an economic crime affecting the public interest. However, enforcement practices in Indonesia tend to rely more on administrative sanctions through the Electricity Usage Control Program (P2TL), which reduces the deterrent effect of criminal law. The study concludes that stronger criminal enforcement, clearer legal interpretation of state financial loss, and the integration of modern monitoring technologies are necessary to improve electricity theft prevention and strengthen energy governance in Indonesia.
Implementation of Personal Data Protection Against Wrongful Ticketing in The Electronic Law Enforcement System Anthony Setiawan Eddy; Fajar Sugianto
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1437

Abstract

This study examines the implementation of artificial intelligence-based Electronic Traffic Law Enforcement (ETLE) in Indonesia and its implications for personal data protection, particularly in cases of wrongful ticketing. The background highlights the increasing use of automated decision-making systems in traffic law enforcement, which aims to improve efficiency and road safety, but also raises concerns regarding data accuracy, algorithmic errors, and citizens' privacy rights. This research aims to analyze the legal protection of personal data subjects within the ETLE system and evaluate the effectiveness of Undang-Undang No. 27 of 2022 on Personal Data Protection in addressing system-related errors. The research employs a normative juridical and empirical legal approach by analyzing statutory regulations, scholarly literature, and field-based implementation issues related to ETLE practices in Indonesia. The findings indicate that while ETLE has a strong legal foundation under traffic and data protection laws, its implementation still produces wrongful ticketing due to system inaccuracies, database mismatches, and limited algorithmic transparency. These weaknesses result in potential violations of personal data rights, including issues of accountability and fairness in automated enforcement. The study concludes that although the ETLE system is legally recognized, its operational framework requires stronger institutional oversight, improved data accuracy mechanisms, and enhanced transparency to ensure compliance with personal data protection principles. Strengthening regulatory enforcement, establishing an independent supervisory authority, and integrating correction and deletion mechanisms are essential to safeguard citizens' rights in AI-based law enforcement systems in Indonesia.
System Shift and Stress Testing a Systems Reading Tool for Detecting Pre Shift Vulnerability in Complex Organizations Raymond R. Tjandrawinata
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1438

Abstract

Organizations invest significant resources in measuring how well they are performing. However, almost no investment is made in measuring how close they are to the conditions under which that performance collapses. This research argues that this gap is not accidental but rather a structural feature of measuring normal conditions, which is epistemologically blind to the dynamics that precede systemic transitions. Drawing on process ontology and the Systems Shift Framework, we develop a cross-domain stress testing methodology the Systems Shift Stress Testing Framework (SS-STF) oriented not so much on scenario simulation as on the interrogation of assumptions: identifying the structural conditions that hold a system in its current configuration, the thresholds at which those conditions fail, and the organization's current proximity to those thresholds. The framework was developed across three organizational domains manufacturing, finance, and human capital and integrated through a composite instrument, the Transition Proximity Index (TPI). Governance implications are outlined, including reframing stress testing as an epistemological obligation at the board level rather than a mere compliance exercise. This paper contributes to systems theory, the organizational resilience literature, and governance studies.
Legal Study of Null Verdicts in the Context of Narcotics Abdul Azis Mustofa; Endang Sutrisno
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1439

Abstract

A court verdict is a statement issued by a judge in an open hearing, which is a guilty verdict, acquittal, acquittal, legal pardon, or an order to commit certain actions. These types of decisions or verdicts are regulated in Articles 65 and 66 of the 2023 Criminal Code. A null verdict or verdict is not explicitly contained in any law, so it is questionable about its legal certainty. This study aims to analyze judges' considerations in null verdicts to achieve legal certainty and analyze null verdicts based on the 2023 Criminal Code. The method applied was normative juridical by utilizing primary and secondary data as well as legal material triangulation validation techniques. The results of this study are that the decision is null and void starting from the judge's interpretation in interpreting article 67 of the Criminal Code, which if in the 2023 Criminal Code is in article 129. However, legal reform and harmonization need to be carried out to build more substantive legal certainty because it will have implications for legal systematics.
Legal Protection of Trade Secrets in a Business Portfolio Against Misuse by Former Employees: An Analysis of Judgment No. 1035/Pdt.G/2022/Pn.Jkt.Pst Henni Wijayanti; Syaela Rizkiah
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1440

Abstract

In the rapidly evolving digital economy, business information such as marketing strategies, product designs, customer databases, and project portfolios possesses significant economic value due to its capacity to provide competitive advantages for business actors. This study analyzes the legal protection of Trade Secrets concerning the Van Houten Portfolio owned by PT Flux Asia Solusindo, which was unlawfully used by its former employee, as well as examines the application of law by the judges in Decision Number 1035/Pdt.G/2022/PN.Jkt.Pst. This research employs a normative juridical method using a statutory and case approach. The findings indicate that the defendant’s actions fulfilled the elements of trade secret infringement as stipulated under Article 13 of Law Number 30 of 2000 on Trade Secrets, as well as the elements of an unlawful act pursuant to Article 1365 of the Indonesian Civil Code. However, the judges’ consideration, which relied solely on Article 1365 of the Civil Code as the legal basis for the decision, does not fully reflect the application of the principle of lex specialis derogat legi generali, whereby specific legal provisions should prevail over general provisions.
Legal Reconstruction of the Use of Checks as Security Instruments in Banking Credit Agreements in Indonesia Kharisma Jomenta Surbakti; Evita Isretno Israhadi
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1421

Abstract

A credit agreement constitutes the legal basis of the relationship between a bank as creditor and a customer as debtor in banking activities. In practice, credit agreements often include additional clauses requiring the debtor to provide checks as a form of payment guarantee. However, the use of checks as security instruments is not explicitly regulated under Indonesian law, which creates legal uncertainty, particularly when a check cannot be honored due to insufficient funds. This research aims to analyze (i) the legal framework governing the use of checks as security in credit agreements, (ii) the legal position of checks within the perspective of civil law and banking law, and (iii) the boundary between civil default and criminal liability. Furthermore, this study proposes a legal reconstruction to ensure fairness and legal certainty in banking practices. This research uses a normative juridical method with statutory and conceptual approaches. The analysis refers to the Indonesian Civil Code, particularly Article 1320 and Article 1338, the Commercial Code provisions on checks, and relevant banking regulations. The results indicate that checks function only as additional guarantees and do not provide proprietary rights or preferential rights to creditors. The failure of a check to be honored should primarily be treated as a civil default. Criminal liability may only arise if there is evidence of fraudulent intent at the time the check is issued. Therefore, a legal reconstruction is necessary to prevent the misuse of criminal law in civil disputes and to provide clearer regulatory guidelines.
Reconstruction of Criminal Responsibility for Misinterpretation of Radiological Images in Health Services Based on Legal Certainty and Substantive Justice Yuki Mulyani; Faisal Santiago
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1422

Abstract

The advancement of radiology technology has significantly transformed healthcare services through the use of digital imaging systems, Picture Archiving and Communication Systems (PACS), and teleradiology. However, the increasing complexity of radiological image interpretation has also raised legal issues, particularly regarding the determination of criminal responsibility for misinterpretation that causes patient harm. The absence of clear legal parameters distinguishing professional error, negligence, and criminal malpractice creates uncertainty for both radiologists and patients. This study aims to reconstruct the model of criminal responsibility for radiologists in cases of radiological image misinterpretation based on the principles of legal certainty and substantive justice. This research employed a normative juridical method using statutory and analytical approaches by examining criminal law regulations, health law provisions, legal doctrines, and professional standards in radiology practice. The results indicate that the current legal framework does not provide specific criteria for determining when radiological errors constitute criminal negligence. The study finds that not all diagnostic errors should be criminalized because radiology involves scientific interpretation and inherent medical risks. Therefore, criminal liability should only be imposed on cases involving gross negligence that significantly deviates from professional standards (lex artis). The reconstruction model emphasizes harmonization between criminal law and medical disciplinary mechanisms, the application of ultimum remedium principles, and the development of clearer legal guidelines. This approach is expected to ensure balanced protection for medical professionals and patients while strengthening justice and legal certainty in healthcare services
Reconstruction of the Functional Relationship Between Criminal Procedure Law and Material Criminal Law from the Perspective of the National Criminal Code and the Latest Criminal Procedure Code Eva Berta Pattinasarany; Binsar Jon Vic S
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1423

Abstract

The reform of Indonesia’s criminal law system through the enactment of Law Number 1 of 2023 concerning the Criminal Code and Law Number 20 of 2025 concerning the Criminal Procedure Code represents a significant transformation in the development of the national criminal justice system. However, changes to substantive criminal law have not been fully synchronized with procedural mechanisms, creating potential challenges in determining criminal liability, administering evidence, and applying restorative justice principles. This research aimed to analyze the functional relationship between substantive criminal law and criminal procedure law and to formulate a reconstruction framework that supports an integrated criminal justice system. This study employed a normative legal research method using statutory, conceptual, and legal-system approaches. The legal sources consisted of primary legal materials, including relevant legislation, and secondary legal materials derived from scholarly publications, legal literature, and expert opinions. The legal materials were analyzed qualitatively using grammatical, systematic, and teleological methods of interpretation. The results indicate that, although the new Criminal Code introduces progressive concepts, such as expanded corporate criminal liability, recognition of living law, and restorative justice-oriented sentencing objectives, the Criminal Procedure Code does not yet provide adequate procedural mechanisms to fully support these developments. The findings emphasize the need for harmonization through the adoption of implementing regulations, the strengthening of evidentiary procedures, the enhancement of judicial oversight, and the integration of restorative justice mechanisms. This research concludes that reconstructing the functional relationship between substantive criminal law and criminal procedure law is essential to establishing a consistent, proportionate, and human rights-based criminal justice system in Indonesia

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