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Suparna Wijaya
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INDONESIA
Journal of Law, Administration, and Social Science
Published by PT WIM Solusi Prima
ISSN : -     EISSN : 28092295     DOI : -
Journal of Law, Administration, and Social Science merupakan media penyebarluasan hasil penelitian di rumpun ilmu sosial, ilmu politik, dan humaniora. Sub rumpun Ilmu sosial terdiri dari bidang Ilmu Komunikasi, Jurnalistik, Hubungan Masyarakat, Periklanan, Televisi dan Film, Manajemen Komunikasi dan Media, Komunikasi Penyiaran Islam, Ilmu Kesejahteraan Sosial, Sosiologi, Antropologi, Ilmu Sosiatri, atau Kependudukan. Sub rumpun ilmu politik terdiri dari bidang Ilmu Politik, Hubungan Internasional, Ilmu Administrasi, Ilmu Pemerintahan, Ilmu Sosial Politik, atau Kebijakan Publik. Sub rumpun ilmu humaniora terdiri dari bidang Ilmu Humaniora, Ilmu Sejarah, Ilmu Hukum, Notariat, Kriminologi, Ilmu Kepolisian, Ketahanan Nasional, Studi Pembangunan, Kajian Wilayah, Kajian Budaya, Arkeologi, atau Kepariwisataan.
Articles 5 Documents
Search results for , issue "vol 6 no 3 (2026)" : 5 Documents clear
Legal education on bank responsibilities and customer vigilance in maintaining the security of savings funds for the community (Case study of PT Bank Sulteng, Palu City) Eva Palampanga; Fajriani Amalia; Dea Manuhulu; Gabriella Almasari Datuan; Harun Harun
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2201

Abstract

Public trust is the primary foundation of banking activities, particularly regarding the security of customer deposits. However, in practice, various problems such as lost funds, account breaches, and system failures that result in losses for customers are still encountered. This study aims to examine and provide legal education regarding banks' legal responsibilities for the security of customer deposits based on the provisions of Indonesian laws and regulations. The research method used is normative legal research with a statutory and conceptual approach. The results show that banks have a legal obligation to maintain the security of customer funds as part of the prudential principle and consumer protection. This responsibility is regulated by various regulations, including the Banking Law, provisions of supervisory authorities, and principles of consumer protection for financial services. If a loss occurs due to negligence or error on the part of the bank, the bank is obliged to provide compensation to the customer. Therefore, legal education for the public is important so that customers understand their rights and available legal protection mechanisms. This research is expected to contribute to increasing legal awareness and strengthening public trust in the banking system.
The imbalance of relations between tax authorities and legal representatives in the tax court: An analysis of substantive justice and the constitutional guarantee of equality before the law Akmal Suprobo
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2246

Abstract

This study examines the implications of Constitutional Court Decision Number 26/PUU-XXI/2023 for the protection of human rights in tax dispute resolution in Indonesia, particularly concerning the principles of equality before the law and the right to a fair trial. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of legislation, court decisions, and relevant literature on human rights and the tax judiciary system. The findings indicate that prior to the decision, the Tax Court operated under a dual supervisory system involving both the Supreme Court and the Ministry of Finance. This arrangement created an imbalance between taxpayers and tax authorities, raising concerns regarding judicial independence and impartiality in tax dispute adjudication. Through Constitutional Court Decision Number 26/PUU-XXI/2023, the authority over the organizational, administrative, and financial supervision of the Tax Court was fully transferred to the Supreme Court. This institutional reform strengthens judicial independence and enhances the protection of the right to an independent, impartial, and fair hearing. Furthermore, the decision encourages broader reforms within the Tax Court system, including improvements to the licensing framework for legal representatives and greater transparency in judicial administration. Consequently, the decision represents a significant milestone in establishing a more equitable, independent, and human rights-oriented tax dispute resolution system in Indonesia.
Valuation of ecosoc rights violations in insurance and capital market criminal: An approach using the ekosob violation valuation equation in the Wanaartha Life case Ridwan Syahbani Tamher
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2249

Abstract

This article conducts a philosophical and socio-legal examination of the systemic violation of Economic, Social, and Cultural (Ecosoc) rights within the Indonesian capital market and insurance sector, focusing exclusively on the PT Asuransi Jiwa Adisarana WanaArtha (WanaArtha Life) default tragedy. Traditionally, corporate defaults and market manipulations such as wash trading are reductively analyzed through the rigid lenses of business law, administrative compliance, and financial loss. However, this study elevates the discourse to a fundamental human rights philosophy perspective. Through empirical observation, including direct engagement with the victims' class action and courtroom proceedings, this research uncovers how state institutions, specifically the Financial Services Authority (OJK) and the Attorney General’s Office, utilize complex financial estimations and positivistic legal interpretations as instruments to alienate the absolute rights of approximately 16,500 policyholders, resulting in a catastrophic sociological and material deprivation of Rp 15.9 Trillion. To counter the utilitarian logic often employed by the state to justify its omissions and asset confiscations, this article introduces a novel conceptual framework: The Ecosoc Violation Valuation Equation. The Equation model mathematically and philosophically just to demonstrates that the absolute dignity of human rights infinitely outweighs any financial justification, administrative rationale, or state revenue estimation (such as Non-Tax State Revenue from confiscated assets) not to professional use that applied in specific case. The findings assert that the state's failure to provide preventive protection, coupled with the subsequent execution of policyholders' assets, constitutes a severe human rights violation.
Protection of customer private property rights in the digital finance ecosystem: A due process of law analysis of the authority to block accounts by the financial services authority Fadhlillah Rifqi Hazazi
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2250

Abstract

The rapid development of the digital financial ecosystem has triggered an increase in state interventions against citizens' digital assets to enforce financial stability and combat cybercrime. Administrative actions such as the blocking of customer accounts by the Financial Services Authority (OJK) inherently intersect directly with the boundaries of protecting the right to property guaranteed by the constitution. This study aims to analyze the legality and accountability of OJK's authority in blocking customer accounts from a Human Rights law perspective, specifically the fulfillment of the due process of law principle. Utilizing normative legal research methods with statutory and conceptual approaches, this study finds that the execution of administrative discretion by OJK in conducting account blocks often disregards the procedural rights of customers, such as the right to be heard and the right to legal certainty, thereby creating an asymmetrical position between the state and citizens. The analysis concludes that to achieve substantive justice, a regulatory reconstruction is required to integrate judicial review mechanisms and transparent operational procedures to limit the potential abuse of power by financial services authorities.The rapid development of the digital financial ecosystem has triggered an increase in state interventions against citizens' digital assets to enforce financial stability and combat cybercrime. Administrative actions such as the blocking of customer accounts by the Financial Services Authority (OJK) inherently intersect directly with the boundaries of protecting the right to property guaranteed by the constitution. This study aims to analyze the legality and accountability of OJK's authority in blocking customer accounts from a Human Rights law perspective, specifically the fulfillment of the due process of law principle. Utilizing normative legal research methods with statutory and conceptual approaches, this study finds that the execution of administrative discretion by OJK in conducting account blocks often disregards the procedural rights of customers, such as the right to be heard and the right to legal certainty, thereby creating an asymmetrical position between the state and citizens. The analysis concludes that to achieve substantive justice, a regulatory reconstruction is required to integrate judicial review mechanisms and transparent operational procedures to limit the potential abuse of power by financial services authorities.
Quiet firing as a form of constructive dismissal: Analysis of normative vacuum and protection of the right to decent work in Indonesian Labor Law Nadhiva Rizky Budhyarto
Journal of Law, Administration, and Social Science Vol 6 No 3 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i3.2252

Abstract

Quiet firing has emerged as a salient development in modern employment relations. Unlike conventional termination, quiet firing operates through indirect managerial actions that pressure employees to resign, such as exclusion from work activities, restricted promotions, reduced responsibilities, and sustained psychological pressure. Indonesian labor law does not explicitly recognize or regulate this practice. This normative legal study examines whether quiet firing qualifies as constructive dismissal, explores the regulatory vacuum in Indonesian labor law, and assesses its implications for the right to decent work as a human right. Using statutory, conceptual, and comparative approaches, the study finds that quiet firing substantively meets the characteristics of constructive dismissal by creating objectively unacceptable working conditions that induce resignation. The absence of specific regulation generates legal uncertainty and weakens worker protection, including dignity, fair treatment, career development, and mental health. The article proposes recognizing constructive dismissal as a distinct termination category grounded in the ILO Decent Work Agenda (1999), with clear elements, calibrated burden of proof, and remedies (severance, compensation, reinstatement) within Indonesia’s industrial dispute resolution framework.

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