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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 YURIDIS PENANGGULANGAN TINDAK PIDANA PEREDARAN MINUMAN KERAS Al Wafi, Wildan Hazmi; Widodo, Ernu; Damayanti, Sri Sukmana; Aribawa, Muhammad Yustino
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.v5i2.720

Indonesia is a country governed by the rule of law, as stipulated in Article 1 paragraph (3) of the 1945 Constitution, which is based on law and justice for its citizens. One issue that is of great concern and requires serious attention from the government is the widespread consumption of alcoholic beverages by the general public. The misuse of alcoholic beverages, such as consuming them beyond reasonable limits, can harm oneself and, more broadly, pose problems for society. Essentially, the misuse of alcoholic beverages violates several legal regulations as stipulated in the Civil Code (KUHP), with violations related to alcohol misuse outlined in Articles 536, 537, 538, and 539. The purpose of this study is to determine the role of the police in combating the circulation of alcoholic beverages, as well as the obstacles and solutions faced by the police in combating the circulation of alcoholic beverages. The research method used in this study is the normative legal approach, which involves conducting legal research by examining literature or secondary data. The role of the police in the implementation of prevention and combating the misuse of alcoholic beverages. The role of the police in implementing the prevention of the sale and abuse of alcoholic beverages in the community by the Kediri City Police is realised in three types of preventive actions, namely: pre-emptive efforts, preventive efforts, and repressive efforts. Pre-emptive efforts involve community outreach and education. Preventive efforts include surveillance in high-risk areas, raids, patrols, and inspections. Repressive efforts involve arresting offenders and disrupting the distribution channels of alcoholic beverages. The challenges faced include community efforts to protect alcohol sellers, leaks of raid information, and overly lenient legal penalties. Solutions to these challenges include adopting a persuasive approach with the community, holding limited joint meetings, and increasing resources.

PERTIMBANGAN HAKIM DALAM PUTUSAN SENGKETA DUA MEREK YANG TELAH TERDAFTAR SECARA SAH (Analisis Putusan Nomor 3/Pdt.Sus-HKI/Merek/2020/PN Niaga Mks) Winata, Natasya Chandra; Yori, A. Kasimirus; Sutanto, Very Werson
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.v5i2.722

Referring to the dispute of trademark, Decision of Makassar Commerce Public Court Number 3/Pdt.Sus-HKI/Merek/2020.PN Niaga Mks expressly determined that Claimant was The Owner and The First User of Trademark Solaria. Judges extremely ignored the aspect of Solaris Trademark filing validly carried out by Defendant. Judges merely considered normatively to Trademark Acts in turn to ensure the validity of law without remarking justice inside the system of trademark’s protection in Indonesia.

DETERMINASI YANG MEMPENGARUHI HARGA TANAH DI KOTA TANGERANG Pratala, Esaka; Sugara, Asep; Supriadi , Yudi Nur
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.v5i2.723

This study aims to examine the influence of spatial planning policies, infrastructure, and accessibility on land prices in Tangerang City. As one of the rapidly growing urban areas, Tangerang experiences continuous shifts in land values driven by economic expansion and urban development. To address this issue, the research employs multiple linear regression analysis to measure the extent of each variable’s effect. The findings reveal that well-structured spatial planning can significantly enhance property values, while adequate infrastructure plays a vital role in strengthening the attractiveness of an area. Accessibility also emerges as a crucial factor, as locations that are easier to reach tend to have higher land prices. Overall, these three variables show strong individual as well as combined impacts on land values. The study highlights the need for consistent spatial planning, equitable infrastructure development, and improved accessibility to ensure controlled land prices while fostering sustainable economic growth and supporting sound property investment decisions.

PERSPEKTIF HUKUM ADMINISTRASI TERHADAP TILANG SURAT TANDA NOMOR KENDARAAN BERMOTOR YANG BELUM MEMBAYAR PAJAK Yosephine Tita, Heillen Martha; Mustamu, Julista
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.v5i2.724

Motor Vehicle Registration Certificate is one of the mandatory equipment for driving on the highway. In the tax administration process, this document is also used as proof of payment of Motor Vehicle Tax. The use of the same document in two different legal events, in principle, is an effort to make the use of the document more effective, but it is controversial in law enforcement of Police Operations on the highway, related to the issuance of Traffic Tickets by the Police and a series of sanction settlements. The study from an administrative law perspective aims to answer the invalidity of Motor Vehicle Registration Certificates that have not paid tax as an administrative law event.

ANALISIS YURIDIS TENTANG GUGATAN TIDAK DAPAT DIEKSEKUSI (NON-EXECUTABLE) DALAM PUTUSAN NOMOR : 23/Pdt.GS/2023/PN Idm Jaya, Mardi; Prawesti, Wahyu; Ayuningtiyas, Fitri; Damayanti, Sri Sukmana
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.728

Court decisions in civil cases should provide legal certainty and restoration of rights for the winning party. However, in practice, decisions that cannot be enforced (non-executable) are often found, resulting in substantive justice failing to be realised. This phenomenon raises serious questions about the effectiveness of the judicial system, particularly in the context of dispute resolution through simple lawsuit mechanisms. This study stems from the urgency to examine the problem of unenforceable judgments, focusing on Judgment Number 23/Pdt.GS/2023/PN.Idm, in which, although the breach of contract lawsuit was granted, the verdict was not condemnatory, so enforcement could not be carried out. The main objective of this study is to analyse the legal provisions regarding unenforceable lawsuits and assess the extent to which the decision provides legal protection for the plaintiff. The research questions focus on two things, namely how the law regulates non-executable decisions and whether Decision Number 23/Pdt.GS/2023/PN.Idm has fulfilled the principle of legal protection. The research method used a normative legal approach with a case law approach. The primary legal materials were laws and regulations and court decisions, while the secondary legal materials included legal literature and expert opinions. Data was collected through literature study and analysed qualitatively with an emphasis on legal interpretation and systematic logic. The results of the study show that non-executable decisions are generally caused by weaknesses in declarative decisions, ambiguity in the subject matter of the dispute, or the subject matter being tied to a third party. The Indramayu case confirms the gap between formal legality and substantive justice. The conclusion of the study emphasises the need for clear and operational formulation of verdicts, evaluation of simple lawsuit regulations, and an increased role for judges and advocates in ensuring the effectiveness of legal protection. Further research is recommended to examine similar cases across regions to identify national patterns

TINDAK PIDANA PEMELIHARAAN SATWA INVASIF TANPA IZIN PADA KASUS IKAN ALIGATOR (Studi Putusan Pengadilan Negeri Malang Nomor 286/Pip.sus/2024/PN.Mlg) Dwi Azizah, Moza Aprilya; Prawesthi, Wahyu; Damayanti, Sri Sukmana; Subekti, Subekti
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.729

The phenomenon of keeping invasive species, particularly alligator gar (Atractosteus spatula), has become a serious issue in the protection of Indonesia's aquatic ecosystems. The presence of this predatory species not only threatens local biodiversity but also poses ecological risks that are difficult to reverse if released into their natural habitat. The urgency of this research lies in the weak implementation of regulations despite the clear prohibition on keeping these species as pets, as stipulated in Ministry of Marine Affairs and Fisheries Regulation No. 19 of 2020. This study aims to examine how the court interprets the elements of the criminal act of keeping invasive species through a case study of Malang District Court Decision No. 286/Pid.Sus/2024/PN.Mlg, as well as to answer the question of the extent to which the decision reflects the principle of ecological justice. The method used is normative legal research with a conceptual and case approach. Data was collected through a review of court decisions, laws and regulations, and related scientific literature. The analysis was conducted prescriptively to examine the fulfilment of the elements of the offence, the judges' considerations, and the implications of the decision for ecosystem protection. The results of the study show that the panel of judges found all elements of the crime to be proven, including the defendant's intent to keep alligator fish without official permission. The judges applied the principle of strict liability and the principle of precaution, but the sanctions imposed were relatively light compared to the threats in the law. The discussion shows that there is a gap between normative threats and sentencing practices, so that the deterrent effect has not been achieved. These findings also confirm that the anthropocentric paradigm is still dominant in Indonesian environmental law, while ecocentric values have not been fully adopted. The conclusion of this study emphasises the need for legal paradigm reform towards ecological justice, increased consistency in sentencing, and preventive strategies based on education and online trade monitoring. Further research is recommended to explore the consistency of similar verdicts in various regions and to quantify ecological losses

PERLINDUNGAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN (Studi Kasus Nomor: 50/PID/2022/PT.TJK) Ubayidillah, Moch. Rafli; Borman, Syahrul; Aribawa, Muhammad Yustino; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.730

Drug abuse in Indonesia is a serious problem that not only affects public health but also threatens the legitimacy of law enforcement institutions. Cases involving members of the Indonesian National Police (Polri) who have been caught using narcotics are ironic because the very officials who are supposed to be at the forefront of eradication efforts have instead become perpetrators. The urgency of this study lies in the lack of research highlighting the integration of criminal and administrative accountability for Polri officials who commit narcotics crimes. The main questions asked are what forms of criminal and administrative accountability are imposed on members of the Indonesian National Police in cases of drug abuse, and to what extent are legal norms implemented consistently. This study uses a normative legal research design with a qualitative approach. Data was obtained through a literature study by examining primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature and scientific journals. The analysis was conducted normatively and qualitatively using a legislative and case approach, supported by Satjipto Rahardjo's progressive legal theory and white collar crime theory. The results of the study show a discrepancy between legal norms and practice. The verdict against Tito Satria Perdana bin Supraptono only imposed criminal sanctions, without clarity on the administrative sanctions that should have been applied based on Government Regulation No. 2 of 2003. These findings reveal weak internal supervision within the Indonesian National Police, potential impunity, and declining public trust. In conclusion, narcotics abuse by Polri officers cannot be viewed solely as an individual violation, but rather as an institutional symptom that requires regulatory reform, strengthened supervision, and transparency. Further research is recommended to explore the role of external supervisory institutions in ensuring the accountability of law enforcement officials.

PERLINDUNGAN HUKUM GEN-Z KORBAN CYBERBULLYING DI PROBOLINGGO MELALUI RESTORATIVE JUSTICE (Berdasarkan Undang-Undang Perlindungan Anak) Linta Alfatih, Hafifah Laila; Sidarta, Dudik Djaja; Paramitha, Vallencia Nandya; Aranggraeni, Renda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.731

The misuse of cyberbullying against Generation Z (Gen-Z) teenagers is increasing in line with the rapid development of digital technology and social media. The viral case in Probolinggo involving Luluk Nuril shows how insults, public shaming, and verbal abuse in the digital space can have serious psychological effects on victims. The urgency of this research lies in the need to assess the extent to which existing legal instruments are able to provide protection for victims of cyberbullying while offering more humane alternatives through a restorative justice approach. This study seeks to answer two main questions: what form of legal protection is available for Gen-Z teenagers who are victims of cyberbullying within the framework of Indonesian regulations, and how relevant is restorative justice as a model for resolving such cases? The method used is normative legal research with a legislative approach and case studies. Primary legal materials include the Child Protection Law, the Electronic Information and Transaction Law, the Criminal Code, and the Juvenile Criminal Justice System Law. Data was collected through literature studies and analysed using normative and comparative legal methods to test the effectiveness of applicable legal protection. The results of the study show that although legal regulations exist, the implementation of protection for victims is still weak due to normative gaps, low digital literacy, and a lack of understanding among law enforcement officials. These findings confirm the need for more specific regulatory reforms regarding cyberbullying, capacity building for officials, and the application of restorative justice to ensure the best interests of victims. The conclusion of this study is that legal protection for adolescent victims of cyberbullying must be directed towards the integration of preventive, repressive, and restorative approaches. Further research is recommended to explore the implementation of restorative justice in juvenile court practices and educational institutions as an effort to create a safer digital space.

PENYELESAIAN SENGKETA MEREK “MARLIN” ANTARA ASTRA HONDA MOTOR (AHM) DAN TREK BICYCLE CORPORATION (STUDI KASUS PUTUSAN KASASI NO. 396 K/PDT.SUS/HKI/MEREK/2024) Tamaroh, Awik; Borman, Syahrul; Aribawa, Muhammad Yustino; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.733

Cross-border trademark disputes are becoming increasingly complex with the rise of trade globalisation and the harmonisation of international legal standards. One notable case is the ‘Marlin’ trademark dispute between Astra Honda Motor (AHM) and Trek Bicycle Corporation, which was decided by the Supreme Court in Case No. 396 K/Pdt.Sus/HKI/Merek/2024. This dispute reflects legal issues regarding trademark registration based on the first-to-file principle, which conflicts with the principle of actual use (use requirement). This research is important to evaluate the implementation of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as well as to analyse the ratio decidendi of the judges in deciding the case. The main questions raised are how the trademark law provisions were applied in this case and how the judges' considerations formed a precedent in trademark legal protection. The research method used was normative juridical with a case approach. Data were obtained through a literature study of laws and regulations, court decisions, doctrines, and related scientific literature. The analysis was conducted descriptively and analytically by linking the applicable legal norms with the legal facts from the court decisions. The results of the study show that the Commercial Court rejected Trek Bicycle Corporation's lawsuit on formal grounds, while the Supreme Court accepted the lawsuit based on Article 74 of Law No. 20 of 2016, which stipulates that trademarks that have not been used for three consecutive years can be revoked. This decision affirms the principle of actual use as a condition for legal protection of trademarks while strengthening the position of the aggrieved party. The conclusion of this study states that the ratio decidendi of the judges in the ‘Marlin’ case contributed significantly to the development of the doctrine of trademark protection in Indonesia. The implications not only strengthen legal certainty but also encourage healthy business competition and harmonisation with international legal standards. Further research is recommended to explore the effectiveness of trademark cancellation in the context of comparative law across various jurisdictions.

PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI DIGITAL DENGAN MODUS PENIPUAN Muhammad, Ridwan Maulana; Marwiyah, Siti; Aranggraeni, Renda; Paramitha, Vallencia Nandya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (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.v5i3.734

The level of information technology development has encouraged an increase in digital trade transactions through e-commerce platforms, one of which is Shopee. This phenomenon provides convenience for consumers, but it also raises serious issues in the form of criminal fraud and illegal trade that harm society. The urgency of this research lies in the increasing number of digital fraud cases that test the effectiveness of legal regulations, particularly the Consumer Protection Law and the Electronic Information and Transaction Law. This study aims to answer questions about the forms of criminal acts in digital transactions through Shopee and how legal protection is provided to consumers based on Indonesian positive law. This study uses a normative legal research design with a qualitative approach. Data was collected through a literature study, covering primary legal materials in the form of laws and court decisions, as well as secondary legal materials from academic literature. Two Supreme Court decisions, namely Decision Number 109 K/Pid.Sus/2024 and Number 951 K/Pid.Sus/2020, were used as case studies to assess the application of law in digital consumer protection. The analysis was conducted descriptively and analytically by interpreting legal norms and relating them to the context of practice. The results of the study show that digital transactions are prone to being exploited for criminal acts of subsidised price fraud and the distribution of prohibited goods. Legal protection through the UUPK and UU ITE still faces obstacles, particularly in terms of digital evidence, low consumer legal literacy, and limited online dispute resolution mechanisms. This study contributes to expanding the study of consumer protection law by integrating the perspectives of criminal law, cyber law, and jurisprudence. The conclusion of this study emphasises the need for regulatory updates, increased digital literacy, and strengthened obligations for e-commerce platforms to protect consumers. Further research is recommended to examine the effectiveness of electronic dispute resolution and the role of non-litigation institutions in digital consumer protection.

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

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+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,

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INDONESIA