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INDONESIA
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Published by Gapenas Publisher
ISSN : 27979598     EISSN : 27770621     DOI : https://doi.org/10.53363/bureau
Core Subject : Social,
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
PENGARUH PELAYANAN BERBASIS DIGITAL TERHADAP KEGIATAN AKADEMIK DI UNIVERSITAS MUHAMMADIYAH GORONTALO Panigoro, Muslim; Akbar, Muh. Firyal; Pakudu, Robin
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.v5i3.746

Abstract

 This study examines the effect of digital-based services on academic activities at Universitas Muhammadiyah Gorontalo. The rapid development of digital technology in the era of the Industrial Revolution 4.0 has significantly influenced public services, including higher education institutions. This research employs a quantitative associative approach with a sample of 98 students selected from a population of 3,800 using the Slovin formula. Data were collected through questionnaires and analyzed using validity and reliability tests, correlation analysis, and simple linear regression. The findings reveal that digital-based services have a positive but weak and statistically insignificant relationship with academic activities, as indicated by a regression coefficient of 0.382 and a significance value of 0.052. The weak influence is primarily due to limited student digital literacy, dependence on electricity infrastructure, and unstable internet access. These challenges hinder the optimization of digital services in supporting academic processes. The study suggests the need for continuous digital literacy training, improved infrastructure, reliable internet access, and collaboration with service providers to enhance the effectiveness of digital-based academic services.
PEMANFAATAN MEDIA SOSIAL SEBAGAI SARANA EDUKASI HUKUM: STUDI KASUS AKUN INSTAGRAM SPRIPIM POLDA JATIM (@spripimpoldajatim) Febriyanu, Baskara; Marwiyah, Siti; Astutik, Sri; 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.v5i3.748

Abstract

The level of legal literacy among Indonesians is still relatively low, requiring more effective educational strategies that are closely related to everyday life. In the digital age, social media has become a communication channel that can reach a wide audience quickly, interactively, and participatively. One initiative that has been undertaken is the use of the Instagram account @spripimpoldajatim by the East Java Regional Police as a means of legal education. The urgency of this research lies in the importance of understanding the effectiveness of police social media in increasing public legal awareness. The main questions of this research are how the account is used as an instrument of legal education, what types of content are used, and to what extent it is effective in building public legal literacy. This study uses a descriptive qualitative approach with a combination of sociological and juridical perspectives. Data were collected through observation of the Instagram account content, interviews with account managers and active followers, documentation of uploaded archives, and literature studies. Data validity was strengthened through source triangulation, while data analysis was conducted using inductive, deductive, and comparative methods. The results show that @spripimpoldajatim actively presents legal education content in the form of infographics, short videos, and narratives of actual cases with a humanistic communication style. Visual and narrative strategies have been proven to increase public interaction, as evidenced by the high number of likes, comments, and shares. Content based on current issues and storytelling is the most effective format for attracting audience attention. These findings confirm that police social media can be an instrument of participatory digital legal literacy, although there are still limitations in reaching non-digital communities and risks of misperceptions of information. The conclusion of the study emphasises that the use of social media by the police contributes theoretically to the development of digital legal communication studies and provides practical benefits for legal education strategies in the information age. Further research using a mixed-method approach and comparisons between police accounts is recommended to strengthen the generalisation of the results.
PERLINDUNGAN HUKUM BAGI PT. DIGITAL COMMERCE INDONESIA (KONSUMEN ANTARA) ATAS WANPRESTASI PENGIRIMAN BARANG OLEH PT. ANDIARTA MUZIZAT Astika, Mariana; Subekti, Subekti; Ayuningtiyas, Fitri; Prawesthi, Wahyu
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.v5i3.749

Abstract

The development of digital commerce in Indonesia has made freight forwarding services a strategic sector in supporting the smooth distribution of products. However, delivery defaults often cause significant losses, not only for end consumers but also for intermediate consumers who act as intermediaries in the distribution chain. This study stems from the urgency of legal protection for intermediate consumers, which is still rarely discussed in consumer protection law studies. The main questions asked are how logistics service providers are legally responsible for delivery defaults and what form of legal protection is available for intermediate consumers within the framework of applicable regulations. This study uses a normative legal method with a legislative approach, a conceptual approach, and a case approach. The primary legal materials are laws and regulations such as the Civil Code, UUPK, and ITE Law, as well as South Jakarta District Court Decision Number 151/Pdt.G/2020/PN.Jak.Sel. Secondary legal materials are literature and academic publications, while tertiary legal materials are legal dictionaries and encyclopaedias. The analysis was conducted qualitatively by examining legal norms and their relevance to specific cases. The results of the study show that PT. Andiarta Muzizat was proven to have committed a breach of contract by not fulfilling its obligation to deliver goods based on COD, which resulted in material losses of Rp13.3 billion and immaterial losses in the form of a decline in the reputation of PT. Digital Commerce Indonesia. The court's decision affirmed the obligation of business actors to compensate for losses based on Article 1243 of the Civil Code and the principle of pacta sunt servanda. These findings demonstrate the need to strengthen legal protection for vulnerable consumers. The conclusion of the study emphasises that consumer protection must include consumers through the strengthening of regulations, supervision, and effective dispute resolution mechanisms. Further studies are recommended to explore the effectiveness of non-litigation settlements through the BPSK and the integration of electronic contracts in digital consumer protection.
AKIBAT HUKUM PENOLAKAN AUTOPSI OLELH KELLUARGA DALAM KASUS KEMATIAN TIDAK WAJAR (STUDI KASUS PUTUSAN PERKARA NOMOR: 629/PID.B/2021/PN.SEI RAMPAH) Wijaya, Radar; Soekorini, Noenik; Nasoetion, Dedi Wardana; Taufik, Moh.
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.v5i3.750

Abstract

Forensic autopsies play a crucial role in criminal proceedings because they can reveal the cause of death scientifically and objectively. However, the practice in Indonesia still faces a dilemma when the victim's family refuses to allow an autopsy to be performed. This situation poses a serious problem, given that without an autopsy, the causal relationship between the perpetrator's actions and the victim's death is difficult to prove legally. This study stems from the urgency to understand the position of autopsy in criminal law and to examine the legal consequences that arise when families refuse to allow it to be performed. The main questions to be answered are how the refusal of an autopsy affects the quality of criminal evidence and what the legal consequences are for court decisions. The research method used is normative juridical with a case approach, through a study of legislation, doctrine, and court decisions, particularly the Sei Rampah District Court Decision Number 629/Pid.B/2021/PN.Sei Rampah. Primary legal materials were obtained from the Criminal Code, Criminal Procedure Code, and Health Law, while secondary legal materials were obtained from academic literature and previous research. The analysis was conducted qualitatively, focusing on the relationship between legal norms, judicial practice, and the implications of refusing an autopsy. The results of the study show that the refusal of an autopsy by the victim's family has a direct impact on the weakness of criminal evidence. Judges cannot scientifically determine the cause of death, so defendants are often only sentenced on lesser subsidiary charges. These findings confirm a legal loophole in the Criminal Procedure Code, which only regulates notification to families without regulating the mechanism in the event of refusal. The conclusion of this study confirms that existing regulations are insufficient to address the dilemma between the rights of the victim's family and the public interest in upholding justice. Therefore, more explicit updates to criminal procedure law are needed, as well as legal communication strategies that can increase public understanding of the urgency of autopsies. Further research is recommended to examine the ethical and social dimensions in greater depth so that the solutions offered are more comprehensive.
TANGGUNGJAWAB DEVELOPER ATAS KERUGIAN KONSUMEN AKIBAT WANPRESTASI DALAM PERJANJIAN JUAL BELI RUMAH Tejakusuma, Jonathan; Subekti, Subekti; Handayati, Nur; Prawesthi, Wahyu
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.v5i3.751

Abstract

A sale and purchase agreement is generally a consensual agreement, as it binds the parties upon their agreement on the essential and incidental elements of the agreement. A house sale and purchase agreement will give rise to the rights and obligations of each party and will be set out in a house sale and purchase agreement deed that will bind both parties to the agreement. The parties to the agreement are required to fulfil their respective obligations. If one party is unable or fails to perform its obligations, the other party may claim damages for the breach. The main issues are the developer's liability for consumer losses due to default in the house sale and purchase agreement and the form of legal protection for consumer losses due to developer default in the house sale and purchase agreement. The approach used in this study is a normative legal approach. The normative juridical approach uses legislation, examining all laws and regulations related to the legal issues being addressed. The conceptual approach departs from the views and doctrines that have developed in legal science. The results of the research on developer liability for consumer losses due to breach of contract in house sale and purchase agreements show that the form of legal liability that can be imposed on developers for breach of contract can cover several aspects, namely civil and criminal, depending on the problem or case involving the developer's breach of contract with the consumer. Developers have a responsibility that must be fulfilled.).
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA BERDASARKAN PUTUSAN NOMOR 73/PID.SUD/2025/PN SBY Laksono, Dedi Dwi; Subekti, Subekti; Handayati, Nur; Prawesthi, Wahyu
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.v5i3.752

Abstract

A traffic accident is an unintentional accident on the road involving vehicles with or without other road users, resulting in human casualties and/or property damage. Human casualties include vehicle drivers, vehicle passengers, and/or other road users. Traffic accidents are classified into three categories: minor traffic accidents that only result in damage to vehicles/property, moderate traffic accidents that result in minor injuries and damage to vehicles/property, and finally, serious traffic accidents that result in fatalities or serious injuries. The main issue is: What is the criminal liability of the perpetrator of a traffic accident that causes the death of another person based on Case No. 73/Pid. Sus/2025/PN Sby and what are the judges' considerations in their decision on traffic accidents that result in the death of others based on Case Number 73/Pid.Sus/2025/PN Sby?. The approach used in this study is a normative juridical approach. The normative juridical approach uses legislation, examining all laws and regulations related to the legal issues being addressed. The conceptual approach departs from the views and doctrines that have developed in legal science. Research Results As a result of the defendant's negligence, the victim, Iqbaldi Radhiyallah, died. Therefore, in case number 73/Pid.Sus/2025/PN Sby, the criminal offence of driving a motor vehicle whose negligence caused a traffic accident resulting in the death of another person, the judge convicted the defendant under Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation and sentenced the defendant SI to 2 (two) years and 2 (two) months imprisonment and a fine of Rp. 6,000,000 (six million rupiah).
PERLINDUNGAN HUKUM KONSUMEN DALAM LAYANAN PAYLATER DAN PINJAMAN ONLINE DI INDONESIA Kurniawan, Rahmad Ready; Faisol, Faisol
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
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.753

Abstract

This study aims to analyze the forms of legal protection for consumers in services.Buy Now Pay Later (PayLater) and online lending in Indonesia. The primary focus is to identify how existing regulations, such as the Financial Services Authority Regulation (POJK) and the Personal Data Protection Law, can protect consumers from abusive practices, hidden fees, and the risk of default, and how on-the-ground practices reflect the implementation of these regulations. This study employs a normative juridical method with a conceptual and comparative regulatory approach, supported by qualitative descriptive analysis of secondary data. Data were collected through a review of the latest regulations (POJK No. 10/2022, POJK No. 22/2023, Law No. 27/2022), official OJK reports (SLIK Statistics, APPK, PASTI Task Force), and industry survey results. Research shows that PayLater and online lending services are growing rapidly in Indonesia, driven by the consumer behavior of the younger generation. OJK regulations have provided a protective framework, but their effectiveness is limited to legitimate providers, while misuse of personal data, hidden fees, and aggressive collection practices remain significant issues. This research only uses secondary data from public reports, regulations, and academic literature. This study contributes to the development of legal science and consumer protection by highlighting the urgency of strengthening regulations. The results of this study are useful for regulators (OJK, Kominfo), fintech industry players, academics, and policy makers in formulating more effective consumer protection strategies in the digital financial services sector.
DISPARITAS PEMIDANAAN DALAM TINDAK PIDANA ASUSILA TERHADAP ANAK DIBAWAH UMUR: STUDI KASUS PUTUSAN NOMOR 21/PID.SUS/2019/PN PDP DAN 172/PID.SUS/2020/PN SBS Gustiawan, Putra Chusnul; Prasetyo, Bayu; Elviandri, Elviandri
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
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.755

Abstract

Indonesia, as a state based on law as stipulated in Article 1 paragraph (3) of the 1945 Constitution, is obliged to guarantee the protection of human rights, including the rights of children as a vulnerable group. Child protection is reinforced through Article 28B of the 1945 Constitution and Law No. 35 of 2014 in conjunction with Law No. 17 of 2016, which explicitly prohibit all forms of sexual violence against children. Philosophically, child protection reflects respect for human dignity; juridically, it is a constitutional mandate and statutory obligation; while sociologically, it is necessary to prevent the destruction of future generations caused by sexual violence. The urgency of this research arises from the increasing number of sexual violence cases against children and the presence of sentencing disparities, as reflected in Decision No. 21/Pid.Sus/2019/PN Pdp and Decision No. 172/Pid.Sus/2020/PN Sbs. This study aims to analyze judicial considerations in both decisions and identify their implications for victims, perpetrators, and society. The research applies a normative juridical method with statutory and case approaches, supported by primary and secondary legal materials analyzed descriptively and analytically. The findings show that judges based their rulings on Article 82 paragraph (1) of the Child Protection Law, taking into account trial evidence, psychological impacts on victims, and violated social values. However, disparities emerged: six years’ imprisonment with an IDR 800 million fine in the Pdp case, and seven years’ imprisonment with only an IDR 60 million fine in the Sbs case. Such inconsistencies undermine legal certainty and judicial legitimacy. In conclusion, although sentencing has reflected criminal accountability, a balance between retributive and restorative aspects is lacking. Clear sentencing guidelines and stronger protection and recovery measures for child victims are therefore recommended to realize substantive justice.
PERMASALAHAN UPAH MINIMUM TENTANG HIDUP LAYAK, DAYA BELI, DAN DISPARITAS UPAH Mujito, Mujito; Abadi, Slamet
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
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.756

Abstract

Minimum Wage is the lowest monthly wage consisting of wages without allowances or basic wages and fixed allowances. The Central Government has established a wage policy as one of the efforts to realize the right of Workers/Laborers to a decent livelihood for humanity. Adjustments to the value of the Minimum Wage, both the Provincial and Regency/City Minimum Wage, are carried out every year using a calculation formula by considering and ensuring that purchasing power is not reduced. However, the comparison of the Provincial Minimum Wage and the Regency/City Minimum Wage creates a significant minimum wage disparity and creates unfair competition. Therefore, the author is interested in conducting research on "Minimum Wage Problems Regarding Decent Living, Purchasing Power, and Wage Disparity" with the aim of analyzing the problem of determining the minimum wage based on the provisions of the applicable Laws and Regulations on Minimum Wages and to solve the problem of the Minimum Wage regarding Decent Living, Purchasing Power, and Wage Disparity based on Law Number 6 of 2023 concerning Job Creation that has been amending several provisions in Law Number 13 of 2003 concerning Manpower and the Constitutional Court Decision Number 168/PUU-XXI/2023 in the case of Material Testing of Law Number 6 of 2023 concerning Job Creation. The research method used in this study is normative juridical. The results of the study show that the Determination of the Minimum Wage based on the Need for a Decent Life by taking into account productivity and economic growth in accordance with Law Number 13 of 2003 concerning Manpower, only determines the Components, Types, and Quality of Decent Living Needs, but does not establish the Specification of Decent Living Needs which causes differences in each region, does not provide instructions and explanations of productivity and economic growth, causes a minimum wage disparity. The Formula for Determining the Minimum Wage based on Inflation, Economic Growth, and Certain Indices in accordance with the Constitutional Court Decision Number 168/PUU-XXI/2023 in the case of Testing Law Number 6 of 2023 concerning Job Creation can solve the problem of the Minimum Wage regarding Decent Living, Purchasing Power, and Wage Disparity by considering the Variables of Inflation and Economic Growth in the formula for determining the Minimum Wage will ensure that the Purchasing Power of the minimum wage will not be decreased, the Certain Index is a variable of Decent Living Needs which includes food and beverages, clothing, housing, education, health, recreation, and old-age guarantees to realize Decent Living, and Standardization of Guidelines for Components, Types, Specifications, and Quality of Decent Living Needs to ensure that the calculation method of each region is the same that can solve the Wage Disparity.
PERAN PEMERINTAH DESA DALAM MENINGKATKAN PRODUKTIVITAS HASIL PERKEBUNAN DI DESA ERA BARU KECAMATAN TELLULIMPOE Amir, Muh.; Jusniaty, Jusniaty; Salman, Salman; Abdillah, Ashar; Fakhruddin, Faiz
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
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.757

Abstract

This study aims to analyze the role of the New Era Village Government in increasing plantation productivity and identifying the obstacles faced in its implementation. New Era Village, Tellulimpoe District, is an area with considerable plantation potential, with main commodities such as cocoa, cloves, rubber, and coconut. Although there has been an increase in commodity prices from 2022 to 2024, the increase in productivity has not been proportional to this increase. This study uses a qualitative approach with a descriptive method. Data were obtained through in-depth interviews, field observations, and documentation, involving key informants such as village government officials, farmer groups, agricultural extension workers, and community leaders. This research was conducted in Era Baru Village, Tellulimpoe District, Sinjai Regency. The results of this study show that the role of the village government in increasing plantation yields, based on the following indicators, is as follows: (1) The role of the village government as a policy implementer has been carried out by providing fertilizer and seeds to farmer groups. (2) The role of the village government as a program implementer has been carried out by increasing the capacity of farmers through training on Biological Control Agents and the Production of Bokashi Compost. (3) The role of the village government as a mentor has been carried out by mentoring 29 Farmer Groups and 1 Joint Farmer Group. Thus, it can be concluded that the village government and farmer groups must  

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