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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 770 Documents

73 74 75 76 77

COLLABORATIVE GOVERNANCE PENYELENGGARAAN INFRASTRUKTUR JARINGAN UTILITAS DI KOTA TANGERANG Sugara, Asep; Pratala, Esaka; Supriyadi, Yudi Nur; Syamsudin, AA Chaerul
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.v5i3.845

This study explores Collaborative Governance in the Management of Utility Network Infrastructure in Tangerang City, focusing on the interaction between local government and the private sector in managing utility networks. The research employs a qualitative approach, collecting data through in-depth interviews with key stakeholders, including the Public Works and Spatial Planning Agency (PUPR), the Regional Development Planning Agency, the Investment and One-Stop Integrated Services Agency, the Transportation Agency, the Civil Service Police Unit, and representatives from private sector utility providers. The findings indicate that Collaborative Governance in utility infrastructure management in Tangerang City faces several challenges, including lack of initial coordination, differences in regulatory interpretation, and difficulties in policy integration between agencies and the private sector. However, several strategies have been implemented to enhance cooperation, such as improving cross-sector communication, aligning regulations, and utilizing digital technology for planning and monitoring utility network infrastructure. The study concludes that the success of Collaborative Governance heavily depends on active stakeholder involvement, transparency in policymaking, and a shared commitment to sustaining utility infrastructure. Therefore, a more structured and participatory approach is needed in planning and implementation to create a more efficient, inclusive, and sustainable utility network system in Tangerang City.

RELASI HUKUM PIDANA MATERIL DAN HUKUM PIDANA FORMIL DALAM SISTEM PERADILAN PIDANA INDONESIA PASCA KUHP NASIONAL Basri, Basri; Kurniaty, Yulia
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.v5i3.862

The reform of criminal law through the enactment of the National Criminal Code marks a fundamental shift in Indonesia’s criminal justice system. This reform not only affects the substance of criminal offenses and punishment (substantive criminal law) but also necessitates adjustments in law enforcement mechanisms through procedural criminal law. This article aims to analyze the relationship between substantive criminal law and procedural criminal law within the Indonesian criminal justice system following the enactment of the National Criminal Code, with particular emphasis on normative coherence, systemic function, and its implications for the principles of justice and legal certainty. This study employs a normative juridical method using statutory, conceptual, and systemic approaches, supported by doctrinal analysis and developments in modern criminal law theory. The analysis demonstrates that substantive criminal law and procedural criminal law constitute two inseparable components, as the effectiveness of criminal norms largely depends on the procedures governing their enforcement. However, the findings also indicate the existence of potential disharmony between the reformed substantive criminal law under the National Criminal Code and the procedural criminal law framework, which in part still relies on the structure of the old Criminal Procedure Code. This condition poses risks to legal uncertainty and violations of the principle of due process of law. Therefore, this article emphasizes the importance of integration and synchronization between substantive and procedural criminal law to ensure a criminal justice system that is just, effective, and oriented toward the protection of human rights within the framework of Indonesia as a state governed by the rule of law

DUE DILIGENCE AND RISK MITIGATION FOR WINNERS OF COLLATERAL LAND AUCTIONS Suwito, Suwito; Sulani, Sulani; Khayru, Rafadi Khan; Putra, Arif Rahman; Darmawan, Didit
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.v5i3.863

This study aims to analyze the legal protection afforded to recipients of land rights acquired through execution auctions involving fiduciary security and mortgage rights, focusing on the identification of legal gaps, substantive risks, and the construction of a due diligence mechanism. The method employed is normative legal research utilizing legislative, jurisprudential, and doctrinal approaches. The results indicate that the legal protection for auction winners possesses a strong normative basis within the Mortgage Rights Law and the Fiduciary Security Law, reinforced by Supreme Court jurisprudence that protects auction winners acting in good faith. However, the primary legal gap lies in the imperfection of the land registration system, the existence of unrecorded third-party rights, and vulnerability to procedural defects in the auction. Substantive risks faced by auction winners include ownership disputes, claims from heirs, the presence of physical occupants, as well as uncertainty regarding spatial planning status and tax liabilities. To mitigate these risks, the study formulates an effective due diligence framework encompassing verification of certificate legality, physical and social field inspections, tracing of encumbrances from agreements, and confirmation of spatial compliance. It is concluded that auction winners must transition from reliance on passive legal protection towards an active approach through comprehensive due diligence, while regulators need to enhance transparency regarding auction object information.

JURIDICAL ANALYSIS OF THE FULFILLMENT OF RIGHTS AND ACCOMMODATIONS FOR PERSONS WITH DISABILITIES IN CORRECTIONAL INSTITUTIONS Waskito, Sarwo; Saputra, Rio; Pakpahan, Novritsar Hasitongan; Khayru, Rafadi Khan; Wijaya, Kurnia
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.v5i3.864

This literature study aims to critically analyze the fulfillment of rights, provision of reasonable accommodation, and the inclusiveness of rehabilitation programs for persons with disabilities in Indonesian correctional institutions. Employing a qualitative normative legal research method, this study examines international conventions, national legislation, and empirical reports. The findings reveal a significant normative-progressive yet implementative-deficient landscape. Indonesia has established a strong legal framework through the ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of Law Number 8 of 2016 concerning Persons with Disabilities, which mandate non-discrimination and reasonable accommodation. However, the factual conditions in prisons are starkly different. Physical facilities largely remain inaccessible, health and social services are not inclusively designed, and rehabilitation programs fail to accommodate specific needs, thereby perpetuating discrimination and hindering effective social reintegration. The study concludes that without translating legal mandates into detailed operational standards, adequate budgeting, and comprehensive training for correctional staff, the rights of incarcerated persons with disabilities will remain unrealized. It recommends the urgent development of a standardized service protocol, enhanced independent monitoring, and strategic partnerships to foster inclusive correctional practices.

LEGAL ASSISTANCE BY LBH IN CRIMINAL PROCEEDINGS: NORMATIVE MANDATES AND OPERATIONAL CONSTRAINTS Saktiawan, Pratolo; Saputra, Rio; Waskito, Sarwo; Khayru, Rafadi Khan; Hardyansah, Rommy
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.v5i3.865

This literature study examines the effectiveness of Legal Aid Institutions (LBH) in providing legal assistance from the investigation phase to trial in Indonesia's criminal justice process. Employing a normative-analytical method, the research analyzes primary legal frameworks, including the Criminal Procedure Code (KUHAP) and the Legal Aid Law. The findings indicate that LBH possess a strong legal mandate to act as guardians of suspect/defendant procedural rights and as overseers of due process. Their effectiveness is evident in preventing procedural violations, filing pre-trial motions, and ensuring a balanced defense in court. However, this operational effectiveness is significantly constrained by profound structural and financial challenges. Chronic underfunding, disproportionate caseloads, reliance on unstable external grants, and a shortage of qualified legal personnel severely limit LBH capacity. These constraints lead to fragmented assistance, high staff turnover, and an inability to engage in strategic litigation. Furthermore, institutional resistance from law enforcement agencies, despite clear legal provisions, creates an adversarial environment that drains LBH resources. The study concludes that while the normative foundation for effective legal aid is robust, its realization is fundamentally hampered by systemic resource deficiencies and operational hurdles. The gap between law and practice underscores the need for sustainable funding models, enhanced institutional capacity, and improved synergy between LBH and state apparatus to truly actualize the right to legal counsel as a pillar of a fair trial.

STANDAR PROSEDURAL DAN KEKUATAN PEMBUKTIAN PENYADAPAN DALAM TINDAK PIDANA KORUPSI Pakpahan, Novritsar Hasitongan; Waskito, Sarwo; Wijaya, Kurnia; Khayru, Rafadi Khan; Saputra, Rio
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.v5i3.866

This normative legal study examines the practice of wiretapping as evidence in proving corruption crimes in Indonesia, focusing on proof standards and privacy protection. The research aims to analyze the lawful procedural standards for wiretapping, the position and probative value of wiretapping results as electronic evidence in court, and potential legal disputes arising from its implementation. The study employs a qualitative literature review method, analyzing primary legal materials such as the Corruption Eradication Commission Law, the Electronic Information and Transaction Law, the Criminal Procedure Code, and relevant Constitutional Court decisions. The findings indicate that wiretapping's legality is based on a complex regulatory interaction, requiring strict adherence to procedural standards including a clear legal basis, authority from competent institutions, supervision mechanisms, and proportionality principles. The position of wiretapping results as evidence is recognized under electronic evidence provisions, yet its probative strength is contingent upon factors of legality, integrity, relevance, and adherence to due process. Potential legal disputes encompass challenges to authority, procedural violations, constitutional rights infringements, and technical authenticity, each carrying significant implications for the admissibility of evidence. The study concludes that while wiretapping is a potent tool against corruption, its application must rigorously balance law enforcement objectives with fundamental rights protections within Indonesia's rule of law framework.

PRIVATE SALES DEEDS IN LAND DISPUTES: WEAKNESSES IN EVIDENCE AND REGISTRATION OBSTACLES Sulani, Sulani; Darmawan, Didit; Suwito, Suwito; Mardikaningsih, Rahayu; Gautama, Elly Christanty
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.v5i3.867

This normative legal study examines the validity of private deeds of sale and purchase (AJB) and their standing as evidence in land ownership disputes in Indonesia. Utilizing a qualitative literature review, the research analyzes primary regulations including the Civil Code, the Agrarian Law, and the Land Registration Government Regulation. The findings reveal a fundamental legal hierarchy between notarial/PPAT deeds and private deeds. Notarial deeds possess perfect evidentiary strength, executive force, and are the sole legal basis for registering land rights transfer at the Land Office. Conversely, private deeds have only relative evidentiary value, contingent upon signature authentication and corroborating evidence. The legal consequence is severe: transactions based on private deeds cannot be registered, preventing the legal transfer of ownership and leaving the buyer without formal state protection. In court disputes, private deeds are treated as preliminary evidence but are insufficient to establish ownership; judges typically order the creation of a notarial deed or award compensation rather than directly granting property rights. The study concludes that while private deeds may prove the existence of a contractual agreement, they fail to produce the definitive legal effects of notarial deeds, especially concerning land registration and conclusive proof of title. This legal uncertainty underscores the critical importance of formalizing land transactions through authorized officials to ensure security of tenure and prevent protracted disputes.

KONSTRUKSI, IMPLEMENTASI, DAN MODEL PENEGAKAN HUKUM TERHADAP ANAK RESIDIVIS TINDAK PIDANA PENCURIAN DALAM SISTEM PERADILAN PIDANA ANAK Udjari, Hendrianto; Waskito, Sarwo; Wijaya, Kurnia; Mujito, Mujito; Suwito, Suwito
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.v5i3.868

This study discusses the construction of formal law, the implementation of law enforcement, and the ideal law enforcement model for recidivist children of theft based on Law Number 11 of 2012 concerning the Child Criminal Justice System. The formal legal construction affirms child protection through diversion, restorative justice, and coaching mechanisms in Special Children's Development Institutions. Implementation in court shows a balance between repressive and rehabilitative aspects, with judges considering community research and children's right to legal assistance. The ideal law enforcement model emphasizes the integration of child protection, educational penal goals, and the involvement of families and communities in the coaching process. The overall analysis confirms that the child recidivist of theft should be treated as an individual who still has a chance to be corrected, not simply as a perpetrator to be punished.

STRENGTHENING SANITATION REGULATIONS: MEASURING THE EFFECTIVENESS OF ENVIRONMENTAL SANCTIONS FOR DOMESTIC WASTEWATER MANAGEMENT IN DENSELY POPULATED AREAS Gautama, Elly Christanty; Tuhuteru, Justian Stanley; Issalillah, Fayola; Mardikaningsih, Rahayu; Hardyansah, Rommy
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.v5i3.869

The management of domestic wastewater in densely populated areas is a critical issue situated at the intersection of public health policy and environmental law in Indonesia. This normative juridical research aims to analyze the legal construction of obligations for domestic wastewater management and the effectiveness of the environmental sanction system in fostering compliance within densely populated zones. The findings indicate that a comprehensive legal framework has been established through a regulatory hierarchy, beginning with the 1945 Constitution, Law No. 32 of 2009 concerning Environmental Protection and Management, Law No. 36 of 2009 concerning Health, and extending to various technical regulations such as Minister of Environment and Forestry Regulation No. P.68/2016 on Domestic Wastewater Quality Standards. Legal obligations are imposed reciprocally upon the state to provide systems and upon the community to comply. Regarding enforcement, a sanction system encompassing administrative, civil, and criminal penalties has been established under the Environmental Protection and Management Law. However, the effectiveness of this sanction system within the context of densely populated areas remains limited. This limitation is attributed to factors such as limited monitoring and evidentiary capacity, the absence of adequate alternative infrastructure, and prevailing socio-economic constraints within the community. This study concludes that successful sanitation law enforcement requires an integrative approach, combining sanction instruments with infrastructure provision, institutional strengthening of oversight, and sustained public education.

THE CONSTRUCTION OF BURDEN OF PROOF AND THE ROLE OF PSYCHIATRIC REPORTS IN PLEAS OF SELF-DEFENSE AND DURESS Wijaya, Kurnia; Hardyansah, Rommy; Khayru, Rafadi Khan; Waskito, Sarwo; Mujito, Mujito
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.v5i3.870

This literature study aims to analyze the construction of the burden of proof and the evidentiary function of psychiatric/psychological reports (visum et repertum) in proving the psychological elements of noodweer (self-defense) and overmacht (force majeure) in Indonesian criminal law. Employing a normative juridical method with a qualitative literature review approach, this research examines primary and secondary legal sources. The findings indicate that the allocation of the burden of proof is not absolute. A layered model is identified: the defendant bears an initial burden to raise a credible allegation supported by prima facie evidence indicating a reasonable possibility of the justifying or excusing circumstance. Once this low threshold is met, the burden shifts to the public prosecutor to disprove the defendant's claim beyond a reasonable doubt. The study further reveals that the visum et repertum, while formally a valid piece of documentary evidence under the Criminal Procedure Code, possesses limited substantive validity in retrospectively determining a defendant's precise mental state at the time of the offense. Its determinative power is persuasive rather than conclusive, heavily dependent on the methodological quality of the examination and the judge's critical ability to assess expert testimony. The study concludes that a balanced and nuanced understanding of this proof mechanism is essential to uphold the presumption of innocence while ensuring a fair trial when psychological defenses are invoked.

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Contact Name Yudi Nur Supriadi

Contact Email admin@gapenas-publisher.org

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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

Abstract

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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