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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,
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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MEKANISME PENYELESAIAN TINDAK PIDANA PENCURIAN HASIL BUMI BERDASARKAN HUKUM MASYARAKAT ADAT OEPERIGI KECAMATAN NOEMUTI KABUPATEN TIMOR TENGAH UTARA Luchiany Bau, Ivena O.; Rabawati, Dwityas Witarti; Samara, Finsensius
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.v5i3.800

Abstract

Indonesia is a country rich in cultural diversity. The existence of various tribes, ethnicities, religions, and groups in accordance with the constitution is stated in Article 18b paragraph 2 of the 1945 Constitution. Regarding customary life, one of the villages that often still uses the customary system is Oeperigi Village. Oeperigi Village is one of the villages that has its own customary law to resolve criminal cases that occur. One of the problems often faced by the community, especially in rural areas such as Oeperigi Village is stealing agricultural products. The formulation of the problem in this study is how the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency and the purpose of the problem in this study is to find out the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency. The type of research used in this study is empirical legal research, the approach method used is empirical law, the data sources used in the study are primary data obtained from direct sources using data collection methods in the form of direct interviews at the research location and secondary data through literature studies. The results of this study are the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village, Noemuti District, North Central Timor Regency and this settlement mechanism consists of several steps, namely a report of the case from the victim to the customary leader verbally, followed by a preparation process consisting of (summoning the parties from the perpetrator, then summoning witnesses), tracing making decisions made by the customary leader which are announced publicly, then continued with the imposition of sanctions in the form of paying fines, and finally implementing peace efforts. In observing and analyzing the method of resolving criminal acts of theft of agricultural products in Oeperigi Village, it appears to use a method of resolving problems peacefully within the local community. The conclusion in the study is the mechanism for resolving criminal acts of theft of agricultural products based on customary law in Oeperigi Village and from the customary settlement mechanism in Oeperigi Village. As well as suggestions that researchers remember is that it is necessary to combine the customary law system with official legal provisions in Village Regulations.
THE SHADOW IN THE LIBRARY: FAIR DEALING, DIGITAL ENTICEMENT, AND THE BLURRING LINE BETWEEN INFRINGEMENT AND PLAGIARISM IN NIGERIA Eigbemekhe, Michael E.; Nwocha, Mathew E.; Amah, Emmanuel I.
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.v5i3.801

Abstract

The advent of the digital era and information age has opened a floodgate for access to information for research purposes and private study. This phenomenon has also increased the rate at which researchers are able to copy other author’s works and abuse the privilege of the fair dealing doctrine provided in section 20(1) of the Nigerian Copyright Act (NCA) 2022. Using the doctrinal approach, this paper examined how the abuses of the fair dealing doctrine has resulted in the twin vices of copyright infringement and plagiarism. The paper examined the differences between copyright infringement and plagiarism, and whether they coalesce under the NCA 2022. It was found that by requiring ‘acknowledgement’ or attribution of copyrighted works for the application of the fair dealing doctrine under section 20(1) of the NCA 2022, the new Act has effectively merged both copyright infringement and plagiarism under our law, especially in view of the enforceability of moral rights under section 14 of the Act.
ANALISIS HUKUM TEHADAP PENGARUH KEBIJAKAN TATA RUANG TERHADAP PENGELOLAHAN LINGKUNGAN BERBASIS AMDAL Hs, Fatimah; Kurenteng, Pinkan Jonike; Pangemanan, Injil Yesika Krisia; Thomas, Andini Dewi
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.v5i3.802

Abstract

Spatial planning policy plays a fundamental role in directing sustainable development and ensuring balance between land use and environmental protection. This study aims to analyze the influence of spatial planning policy on the effectiveness of environmental management based on Environmental Impact Assessment (EIA), focusing on the integration between Regional Spatial Plans (RTRW), Detailed Spatial Plans (RDTR), and EIA within Indonesia’s legal and institutional framework. The research employed a juridical-normative approach supported by contextual analysis of institutional data and environmental planning documents in North Sulawesi Province. The analysis was conducted through legal document review, normative interpretation, and policy comparison across levels of government. The results show that integration between RTRW/RDTR and EIA remains ineffective due to regulatory disharmony, weak institutional coordination, and limited spatial data availability. The functional relationship between Approval of Spatial Utilization Conformity and Environmental Approval, which should be sequential, often operates separately in practice. The analytical model indicates that spatial data readiness and institutional capacity have a direct influence on policy integration effectiveness, while cross-sectoral coordination serves as a mediating factor that strengthens inter-agency synergy. These findings emphasize the need for regulatory harmonization, institutional strengthening, and the acceleration of the One Map Policy implementation as a foundation for evidence-based decision-making. This study contributes to the understanding of adaptive and ecologically just environmental governance within Indonesia’s spatial planning system.
PEMBANGUNAN BERKELANJUTAN DALAM PEMBENTUKAN HUKUM LINGKUNGAN kambey, Trifena Julia; Rumayar, Gerrard Wayne; Lumintang, Gabriel Imanuel; Yakob, Rafanli
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.v5i3.803

Abstract

Sustainable development is a fundamental principle that guides economic, social, and environmental policies in Indonesia. This study aims to analyze the integration of sustainable development principles within the national environmental law system, particularly in the context of risk-based licensing reforms following the enactment of the Job Creation Law and Government Regulation No. 22 of 2021. This research employs a normative juridical approach, combining statute, conceptual, and case approaches, supported by primary legal materials (laws and court decisions) and secondary sources (academic literature and institutional reports). The analysis was conducted qualitatively through a deductive syllogism method and grammatical, systematic, and teleological interpretation to assess the coherence between legal norms and sustainability principles. The findings indicate that although the principles of precaution, state responsibility, public participation, and polluter pay have been incorporated into Indonesia’s environmental law framework, their implementation remains formalistic and ineffective in mitigating the environmental impacts of development. The risk-based licensing regime enhances administrative efficiency but potentially weakens preventive oversight mechanisms and public transparency. Institutional weaknesses, fragmented central–local authority, and the limited use of economic instruments further constrain legal effectiveness. This study emphasizes the need for legal reform through the strengthening of strategic environmental assessment, integration of digital monitoring systems, and substantive application of the polluter pays principle. The results contribute to the advancement of ecological constitutionalism and sustainable governance frameworks within developing countries, providing practical implications for the reform of environmental legal policies toward a more equitable and sustainable development paradigm.
HAK MASYARAKAT UNTUK MEMPEROLEH KEPASTIAN HUKUM TERKAIT PENCEMARAN LINGKUNGAN Runtunuwu, Yoan B.; Lasube, Yunarti M.; Manangkot, Alya Rahel; Kaawoan, Debora Stevani; Manganang, Chessy Avril
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.v5i3.804

Abstract

This study aims to analyze the legal certainty of citizens’ rights concerning environmental pollution in Indonesia within the framework of national law and its enforcement practices. The research is motivated by the increasing number of pollution cases and the limited effectiveness of legal protection for affected communities, despite Indonesia’s environmental law framework having adopted the polluter pays, precautionary, and strict liability principles. The study employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials include the 1945 Constitution, Law No. 32 of 2009, Government Regulation No. 22 of 2021, and Supreme Court Regulation No. 1 of 2023, all analyzed qualitatively and descriptively through systematic and teleological interpretation. The findings indicate that environmental law enforcement in Indonesia remains dominated by administrative actions (61%), while civil and criminal avenues show low effectiveness due to weak scientific evidence, poor interagency coordination, and limited investigative capacity. The implementation of risk-based licensing and alternative dispute resolution mechanisms, such as online dispute resolution, represents a positive innovation; however, their application remains uneven across sectors and regions. The lack of public participation and transparency in environmental data exacerbates legal uncertainty and weakens both governmental and corporate accountability. This study highlights the need to integrate national legal norms, international principles, and digital technology to strengthen the effectiveness of environmental law enforcement. The findings imply the importance of institutional reform, improved access to justice, and the acceleration of legal modernization toward an equitable and sustainable environmental governance system.
NORMATIVE REVIEW OF LEGAL PROTECTION FOR MINORITY SHAREHOLDERS IN LIMITED LIABILITY COMPANIES IN INDONESIA (NORMATIVE LEGAL ANALYSIS) Nasution , Emmi Rahmiwita; Saleha , Dwi; Inayah, Iin
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.v5i3.806

Abstract

This study provides a normative legal analysis of the protection of minority shareholders in limited liability companies (Perseroan Terbatas/PT) in Indonesia. Minority shareholders often face unequal treatment due to the dominance of majority shareholders in decision-making, leading to potential abuse and neglect of their rights. Using a doctrinal approach, the research examines the legal framework under Law No. 40 of 2007 on Limited Liability Companies and related regulations, focusing on mechanisms such as derivative suits, company dissolution rights, accountability of directors and commissioners, and access to information. The analysis reveals that while Indonesia’s legal system formally recognizes these protections, their practical enforcement is hindered by high ownership thresholds, judicial inconsistency, lengthy litigation processes, and limited shareholder awareness. Comparative perspectives from jurisdictions such as the United States, United Kingdom, Singapore, and Malaysia highlight Indonesia’s need to strengthen its enforcement mechanisms and corporate governance practices. The study concludes that lowering procedural barriers, enhancing judicial consistency, promoting alternative dispute resolution, and improving legal literacy are crucial to ensuring effective protection of minority shareholders. Strengthening these protections not only guarantees fairness for shareholders but also contributes to investor confidence and sustainable corporate development in Indonesia.
THE ROLE OF GOOD FAITH IN COMMERCIAL TRANSACTIONS: A NORMATIVE ANALYSIS OF ITS INTERPRETATION AND ENFORCEMENT IN INDONESIAN BUSINESS LAW Na'afi , Septiana; Putra, Irman
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.v5i3.807

Abstract

This study analyzes the role of good faith (itikad baik) in commercial transactions within the framework of Indonesian business law using a normative juridical approach. Good faith, as a fundamental principle of contract law, is recognized in the Indonesian Civil Code (KUHPerdata), particularly Articles 1338 and 1339, which emphasize that contracts must be executed in good faith and in line with propriety. Despite its doctrinal importance, the interpretation and enforcement of good faith in Indonesia remain inconsistent. Judicial practice shows variations between a subjective approach—focusing on honesty of intention—and an objective approach—emphasizing fairness, reasonableness, and protection of counterpart interests. This inconsistency creates legal uncertainty and weakens business confidence. Comparative analysis with German, Dutch, and international frameworks such as the UNIDROIT Principles and CISG highlights the importance of codifying and applying good faith uniformly to promote fairness and predictability. The findings recommend clearer legislative guidelines, the adoption of objective standards, judicial consistency, and alignment with international practices to strengthen contractual stability and Indonesia’s competitiveness in global trade.
AMIRAH, SINGLE PARENT: ANTARA DIALEKTIKA DAN NURANI KELUARGA Fatawi, Fatawi
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.v5i3.809

Abstract

This study explores the life dynamics of Amirah, a single mother who serves as the primary economic and emotional support for her extended family. Amirah is responsible not only for her two children but also for her siblings and nieces and nephews. Her economic activity as a street food vendor selling bakso pecel from her home porch symbolizes a micro-level class struggle, where family survival is sustained through perseverance, empathy, and familial solidarity. The aim of this research is to understand how Amirah negotiates her social position within the dialectics between economic struggle and family conscience, as well as how values of empathy and social responsibility shape the stability of her life. The study employs a qualitative approach using direct observation (fieldwork) and library research as the basis for a socio-empirical analysis. The findings indicate that although Amirah’s economic condition remains relatively static due to the heavy family burden, she manages to sustain her family’s livelihood through social strategies rooted in empathy and personal relationships with her customers. The dialectic between the desire for upward social mobility and the awareness of family responsibility forms the core dynamic reflecting the social reality of the lower class within a domestic economic context.
KONSTRUKSI KONSTITUSI KEADILAN SOSIAL DI INDONESIA BERBASIS NILAI-NILAI ISLAM Rewapatara, Hendrik Rikarsyo; Sofian, Muhamad
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.v5i2.699

Abstract

To strive for increasing social welfare can be started by Building the idea of a Social Justice Constitution based on the values of Islamic teachings. This research aims to examine the normative basis of social justice in the Indonesian constitution, Identify relevant Islamic values in social justice and Offer the construction of Islamic-based social justice in a constitutional context. The type of research used is Normative legal research using a statute approach and Literature Review (library research). The results of the study show that constitutionally, social justice in Indonesia is a fundamental principle in state life. The principle of social justice for all Indonesian people is the philosophical foundation for the state to realize social justice. Islam makes social justice an effort to eliminate both economic and social disparities and ensure that everyone has equal standing and treatment as well as access to all that is the right of citizens. The construction of a social justice constitution can be attempted first, through the Integration of Social Justice in all branches of state power; second, constitutional provisions with affirmative action guarantees for vulnerable groups; third, management of natural resources and state wealth for the greatest possible prosperity of the people; Fourth, the state is responsible for basic services for a dignified life; Fifth, a monitoring mechanism in the implementation of social justice policies in all sectors; Sixth, the integration of local wisdom and/or religious values in social justice policies. The construction of a social justice constitution, when viewed from an Islamic perspective, will be in line with the principles of Al-'Adl (justice) and Al-Maslahah (public benefit). In addition, social justice can be in line with the objectives of Islamic law to protect religion, protect the soul, protect the mind, protect descendants, and protect property.
PENEGAKAN HAK DAN KEPASTIAN HUKUM DALAM PROSES PENAHANAN SERTA PENGELUARAN TAHANAN DI INDONESIA Pakpahan, Novritsar Hasitongan; Putra, Arif Rachman; Darmawan, Didit; Khayru, Rafadi Khan; Kusuma, Galih Satria Alit Widi
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.v5i2.700

Abstract

The detention and release of detainees is an essential part of Indonesia's criminal justice system that demands a balance between law enforcement and human rights protection. Although Law No. 8 of 1981 concerning the Criminal Procedure Law (KUHAP) has provided a normative basis for detention procedures, the phenomenon of detention without legal procedures and the release of prisoners that do not comply with administrative standards is still often found in practice. Weak supervision, confusion of legal interpretation, and disharmony between technical regulations at the police, correctional and judicial levels have led to violations of prisoners' rights. This study uses a normative juridical approach to examine the effectiveness of the implementation of detention rules and detainee releases, as well as identify the factors causing deviations from the principles of due process of law. The findings suggest that there is an urgent need to tighten standard procedures, strengthen oversight, improve interagency coordination, and provide legal education to stakeholders. Reforms in the governance of detention and detention release are urgently needed to ensure justice and legal certainty, as well as to create a national criminal justice system that is more effective, transparent, and upholds human rights

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