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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

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Published by Gapenas Publisher

ISSN : 27979598 EISSN : 27770621 DOI : https://doi.org/10.53363/bureau

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,

Arjuna Subject : Ilmu Sosial - Hukum

Articles 697 Documents

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ANALISIS KOMPETENSI ABSOLUT BAGI PERMASALAHAN UMAT ISLAM DI PENGADILAN AGAMA Lubis, Fauziah; Rangkuti, Shindy Tamanda; Harahap, Muthia Sartika; Aziz, Muhammad; Hasibuan, Nurul Hakiki; Hidayah, Khairul
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.614

The purpose of this study is to analyze in depth the legal basis and limits of the absolute authority of the Religious Court in resolving various legal issues of Muslims in Indonesia, and to identify the legal implications of the misapplication of this authority. The issues raised focus on the importance of properly understanding absolute and relative competence in civil procedural law, especially to avoid errors in determining the competent court forum. Through a normative legal approach and literature study, this study explores the scope of the absolute authority of the Religious Court over cases such as marriage, inheritance, wills, grants, waqf, zakat, infaq, shadaqah, and sharia economics as regulated in Law Number 3 of 2006 and other related laws and regulations. The results of the analysis show that absolute competence plays an important role in maintaining judicial order, preventing overlapping jurisdictions, and ensuring legal certainty and justice for the Muslim community in Indonesia.

SERANGAN MALWARE RANSOMWARE DALAM PERSPEKTIF TRANSNATIONAL CRIME Batu, Dewi Pika Lbn; Siahaan, Parlaungan Gabriel; Ramadhan, Taufiq; Silitonga, Agnes Irene
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.615

Nowadays, malware attacks are a national and global concern. Malware is software designed to harm or disrupt computers in some way including viruses, worms, Trojans, backdoors, ransomware and other malicious programs. Malware spreads and infects computer systems in various ways. In this research, the author focuses on studying ransomware. Ransomware is a form of malware that infiltrates computer devices to block access to information, basically blocking files and demanding ransom to give access back to the information. Hackers use the double extortion method, encrypting and stealing data with the threat of being published to the media if the ransom is not paid immediately. In recent years, ransomware attacks have occurred in Indonesia, such as the wannacry ransomware attack on Harapan Kita Hospital and Dharmais Hospital, the lockbit ransomware attack on Bank Syariah Indonesia and the ramsonware brain cipher attack on the National Data Center. Moreover, cybercrime is a transnational crime, which can be committed across national borders, so in this case regulation is also a major challenge in handling cybercrime cases.

KONSEKUENSI YURIDIS PROSES PEMUTUSAN HUBUNGAN KERJA TERHADAP PEKERJA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 168/PUU-XXI/2023 Prasetyo, Kurniadi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.617

The norms of labour law experienced dynamics after the Constitutional Court (MK) issued Decision Number 168/PUU-XXI/2023 which was pronounced in an open Plenary Session of the Constitutional Court on 31 October 2024. In the verdict, among other things, it is stated that in the event that workers/labourers refuse termination of employment (PHK), employers and workers are obliged to conduct bipartite negotiations in a deliberative manner to reach consensus. Furthermore, it is stated that in the event that bipartite negotiations do not reach an agreement, termination of employment can only be carried out after obtaining a determination from an industrial relations dispute resolution institution whose decision has permanent legal force. This research uses a normative legal approach with an emphasis on the inventory of positive law, legal doctrine, and principles. The dynamics that occur and must be considered by employers are that if there is a rejection of layoffs by workers, it is mandatory to conduct bipartite negotiations in deliberation to reach consensus first and employers may not lay off workers before obtaining a determination from the industrial relations dispute resolution institution whose decision has permanent legal force.

ANALISIS ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN DALAM HUKUM ACARA PERDATA: STUDI KASUS PENGAJUAN REKONVENSI Lubis, Fauziah; Harahap, Aisyah; Sains, Ihsan Hidayah; Aulia, Nuha; Pulungan, Ro’fat Ja’far Al-hadidi; Syarzain, Yuyun Sari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.620

This observe examines the software of the standards of simplicity, velocity, and occasional price within Indonesian civil procedural regulation, especially concerning the submitting of reconvention as a counter-claim. those ideas are critical for the management of justice, as mandated with the aid of Article 2 paragraph (four) of law No. forty eight of 2009 on Judicial strength. Reconvention, which is a counter-declare made through the defendant against the plaintiff inside the same case, holds massive potential for embodying these three ideas. The studies employs a literature assessment method, studying numerous prison texts, policies, and case research of reconvention practices across extraordinary courts. Findings suggest that reconvention methods, when filed alongside the defendant's reaction and addressed in a single series of hearings, can exemplify the precept of simplicity by means of keeping off complex processes, the principle of speed by way of shortening trial periods, and the precept of low value through preventing the duplication of prices.Case studies conducted at the Sidrap Religious Court and in land dispute cases demonstrate the effectiveness of reconvention in enhancing judicial efficiency. The study concludes that reconvention serves as an effective procedural law tool for achieving the principles of simplicity, speed, and low cost, while also emphasizing the need to uphold the principles of justice and legal certainty in its implementation.

UPAYA MENCARI KEBENARAN MATERIIL DALAM HUKUM ACARA PERDATA Lubis, Fauziah; Sinambela, Naura Fitri Zaskia; Syahputri, Ardita; Meha, Mellisa; Syahputri, Tri; Lubis, Fahrul Ramadhan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.621

This study aims to examine the application of the principle of material truth in civil procedural law in Indonesia and compare it with the concept of formal truth that has been dominant so far. The problems raised in this study are: how is the application of the principle of material truth in civil procedural law in Indonesia, and what is the difference between material truth and formal truth in civil procedural law. The background of this study is based on the fact that the Indonesian civil procedural law system, which historically adheres to an adversarial system and emphasizes formal truth, in practice allows judges to actively explore substantive truth in order to achieve justice. This study uses a normative juridical method with a statutory and conceptual approach. Data obtained from primary and secondary legal materials were analyzed descriptively qualitatively. The results of the study show that although Indonesian civil procedural law emphasizes formal evidence, in practice there is a tendency to apply the principle of material truth, especially in cases concerning the public interest or inequality between the parties. Thus, the principle of material truth has important relevance in realizing substantive justice in resolving civil disputes.

KEDUDUKAN DAN KEKUATAN HUKUM KETERANGAN SAKSI DALAM SISTEM PEMBUKTIAN HUKUM ACARA PERDATA INDONESIA Lubis, Fauziah; Yazid, Habil; Khalidia, Rifdah; Rangkuty, Putri Mayasari; Lubis, Muhammad Irsyad Tamimi; Harahap, Rizki Marito
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.622

Witness testimony is one of the most important pieces of evidence in the evidentiary system of civil procedure law in Indonesia. In order to be valid and have legal force, witness testimony must be submitted based on what the witness has seen, heard, or experienced himself. De auditu witness testimony, which is obtained from other people’s stories, has no evidentiary value. In practice, the testimony of one witness is not enough, in accordance with the principle of Unus Testis Nullus Testis. In addition, the law distinguishes between witnesses who can recuse themselves absolutely and relatively. Witnesses are also required to provide testimony under oath, and the testimony will be assessed freely by the judge based on logicality, consistency, and relevance to the case. This research uses normative juridical method with statutory and conceptual approaches. The purpose of this study is to provide a comprehensive understanding of the legal position and strength of witness testimony in the effort to prove in civil court, as well as emphasizing the importance of honesty and direct experience in providing testimony.

ANALISIS PUTUSAN HAKIM DALAM MENCARI PUTUSAN FORMIL Lubis, Fauziah; Harahap, Fitri Hasanah; Ananda, Muhammad Rafly; Amanda, Mutia; Harahap, Raihan Fadila; Rambe, Sri Wulan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.623

This study discusses the practice of formal judgments (Niet Ontvankelijk Verklaard) in Indonesian civil procedural law, particularly when such decisions are issued due to formal defects in a lawsuit. In a civil law system that upholds the passive principle for judges, the authority to determine the scope of a case lies entirely in the hands of the parties involved. However, when this passive principle is rigidly applied, judges tend to issue formal judgments without considering the substance of the case, potentially neglecting substantive justice. This research aims to analyze the types of formal defects that lead to inadmissibility of lawsuits and evaluate the judicial approach in issuing formal decisions so as not to disadvantage justice seekers. The research employs a normative juridical method, with data collection conducted through literature study, using secondary data sources such as textbooks, scholarly articles, legal journals, and legislation. The analysis is carried out using a qualitative descriptive approach with a juridical perspective on the application of formal judgments in judicial practice. The findings indicate that formal judgments are relative in nature, as they only assess procedural aspects without touching upon the merits of the case. Therefore, such decisions do not eliminate the plaintiff’s right to refile the claim after necessary corrections. Judges are ideally expected to maintain neutrality while also acting wisely by allowing space for improvements in lawsuits, in order to uphold the principle that the administration of justice must be carried out fairly, with a simple process, expedited proceedings, and minimal costs, as stipulated in Article 2 paragraph (4) of Law Number 48 of 2009 concerning Judicial Power.

UPAYA HUKUM BANDING DALAM PERKARA PERCERAIAN MENURUT HUKUM ACARA PERDATA Lubis, Fauziah; Safwah, Raiva; Munthe, M.Ridho Pratama; Harahap, Hafni Meylani; Rozi, Fahrur; Rahmi Siregar, Dina Aulia
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.624

This study aims to assess the effectiveness of appellate remedies in divorce cases as a legal mechanism that protects individuals who disagree with or are dissatisfied by decisions made by the court of first instance. Within the framework of Indonesia’s civil procedural law, appeals function as a corrective measure to address potential judicial errors in the application of law or the evaluation of facts. The research focuses on the normative legal basis of the appellate process as regulated in the Herziene Indonesisch Reglement (HIR), Rechtsreglement voor de Buitengewesten (RBg), Law Number 48 of 2009 on Judicial Power, and the amended Law Number 7 of 1989 concerning Religious Courts. Additionally, the study examines the implementation of Supreme Court Regulation (PERMA) Number 1 of 2019, which introduces the use of electronic systems for filing appeals. Appeals in divorce cases are commonly initiated due to disputes over divorce rulings, child custody, division of marital property, or alimony determinations considered disproportionate. This research employs a normative juridical approach with qualitative analysis, relying on secondary data sources including primary legal materials such as statutes and court decisions, as well as secondary sources like legal literature and academic journals. The findings indicate that the appellate mechanism plays a vital role in ensuring tiered justice and provides an important avenue for parties who feel aggrieved to seek a review of decisions perceived as legally or substantively flawed.

KEKUATAN PEMBUKTIAN SURAT SEBAGAI ALAT BUKTI DALAM PERKARA PERDATA Lubis, Fauziah; Harahap, Nanda Asri Aulia; Putri, Amy Amalia; Nugraha, M. Akbar; Ritonga, M. Arif Ramadhan; Rangkuty, Kayla Salsabila
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.625

Legal Evidence is an important part that determines the process of proving civil cases. Among the various means of proof recognized in civil procedural law, written documents are often used as primary evidence because of their real nature and can be verified through records or archives. This study focuses on the analysis of evidentiary data from letters as evidence, covering authentic deeds and private deeds, and their use in court practice. The method used is normative juridical, with an approach to relevant laws and regulations, legal doctrine, and court decisions. The research findings indicate that written documents, especially authentic deeds, have strong evidentiary value because they fulfill the elements of formality and legal substance, so they can be a strong basis for judges in making decisions. Meanwhile, deeds that are not made before authorized officials have weaker evidentiary power and usually require strengthening through recognition or additional evidence. Overall, the level of success in the process of proving civil cases is highly dependent on the validity and legal force of the written documents submitted..

TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PAJAK PROGRESIF PADA SISTEM PERPAJAKAN DI INDONESIA Rojikin, Umar; Padhilah, Piqi Rizki; Najmudin, Nandang
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.631

The implementation of progressive taxation within Indonesia’s tax system is a state initiative aimed at realizing social justice by levying taxes based on the taxpayer's economic capacity. Progressive tax imposes increasing rates in line with rising income, or the number of taxable objects owned, meaning that high-income individuals are taxed more than those with lower incomes. This concept is applied to various tax types, including Income Tax (PPh) and Motor Vehicle Tax (PKB), both of which are regulated under national legislation such as Law Number 36 of 2008 on Income Tax and Law Number 28 of 2009 on Regional Taxes and Regional Levies. This study aims to analyze the legal foundations and underlying principles of the progressive tax system in Indonesia. The research method used is a normative juridical review, which involves examining relevant statutory regulations, legal literature, and official legal documents. The findings indicate that the implementation of progressive taxation aligns with the principles of justice and legality within tax law. Furthermore, this policy supports the goals of income redistribution and strengthens the role of the state in establishing a fair, transparent, and accountable tax system. Therefore, progressive tax serves not only as a revenue collection mechanism but also as a crucial instrument of social policy.

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Editorial Address Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

Phone
+6285885400000

Journal Mail Official
admin@gapenas-publisher.org

Editorial Address
Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location
Kota tangerang,

Banten

INDONESIA