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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

CONSTRUCTING A CRYPTO ASSET REGULATORY FRAMEWORK: BRIDGING SHARIAH FATWAS AND INDONESIAN POSITIVE LAW Hardyansah, Rommy; Darmawan, Didit; Putra, Arif Rachman; Vitrianingsih, Yeni
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.v5i3.871

This literature study critically examines the intersection between Shariah rulings (fatwas) and positive law regulations concerning crypto assets in Indonesia. The research aims to analyze the methodology of legal derivation (istinbath) used in major fatwas, identify points of convergence and divergence with national regulations, and formulate an integrative regulatory model. Through a qualitative normative analysis of fatwa documents, regulations from the Commodity Futures Trading Regulatory Agency (Bappebti), and related legal frameworks, the study reveals that Shariah rulings predominantly prohibit crypto investment due to dominant elements of gharar (excessive uncertainty), maysir (gambling/speculation), and weak maliyyah (asset legitimacy). In contrast, positive law treats crypto as a tradable commodity under a risk-management framework. The significant divergence lies in the classification of objects and levels of precaution, while convergence exists in the shared goals of consumer protection and market integrity. To bridge this gap, the study proposes a layered model of substantive harmonization. This model involves refining legal classifications to accommodate Shariah utility criteria, establishing an explicit Shariah compliance pathway with certification mechanisms, strengthening risk disclosure standards aligned with Shariah transparency principles, and fostering institutional synergy between financial regulators and Shariah authorities. This approach seeks to align regulatory objectives with core Islamic principles without negating secular governance goals, offering a blueprint for a more ethical and stable crypto asset ecosystem in Muslim-majority jurisdictions.

KEPASTIAN HUKUM TERHADAP SANKSI ADMINISTRASI TERHADAP BEA MASUK ATAS KEGIATAN IMPORTASI DENGAN FASILITAS TARIF PREFERENSI ACFTA (ASEAN – CHINA FREE TRADE AREA) Fahlafi, Ramadhan Kahfi; Saleh , 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.v5i3.872

This study aims to analyze legal certainty in the imposition of administrative sanctions for underpayment of import duties in import activities that utilize the ASEAN–China Free Trade Area (ACFTA) preferential tariff facility. The main issues examined include the basis for imposing underpayment and administrative sanctions on imports with preferential tariffs, as well as the legal consequences for importers. This study uses a normative legal research method with a legislative and conceptual approach, through an analysis of the Customs Law and its implementing regulations.The results of the study show that underpayment of import duties in the preferential tariff scheme generally arises due to differences in customs values, errors in the classification of goods (HS Code), or the rejection of preferential facilities due to non-compliance with the rules of origin. In the customs self-assessment system, importers are responsible for the accuracy of customs declarations, so corrections by Customs and Excise officials can result in obligations to pay import duties and taxes, accompanied by administrative sanctions in the form of fines. Normatively, the imposition of these sanctions is valid as long as they meet the principles of legality, legal certainty, and proportionality. Even under a 0% preferential tariff, the provisions of the legislation still allow for the imposition of administrative fines of a certain amount.The legal consequences for importers are not only financial in the form of payment obligations and fines, but also have an administrative impact on their compliance profile, which may affect the level of supervision in the future. However, the legal system provides mechanisms for objection and appeal as a form of legal protection. Thus, legal certainty in the application of administrative sanctions on ACFTA preferential tariff facilities lies in the clarity of norms, transparency of the determination process, and balance between the interests of state revenue and the protection of importers' rights.

KEABSAHAN PENDIRIAN PERSEROAN TERBATAS OLEH PEMEGANG SAHAM MELALUI PERJANJIAN NOMINEE Fahlafi, Ramadhan Kahfi; Saleh , 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.v5i3.873

This study aims to analyze the validity of establishing a limited liability company through a nominee agreement and the legal consequences that arise if the deed of establishment is declared null and void. According to Law Number 40 of 2007 concerning Limited Liability Companies, a limited liability company (PT) is a legal entity established based on an agreement, and therefore subject to the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. On the other hand, Law Number 25 of 2007 concerning Investment explicitly prohibits the use of nominee agreements in share ownership and declares such agreements null and void. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials are analyzed systematically to find the relationship between the private law regime and state administrative law in the context of establishing a PT that contains nominee elements. The results of the study indicate that the establishment of a PT based on a nominee agreement contains a defect in the element of lawful cause, so that it is materially null and void. However, if the company has obtained legal entity approval from the competent minister, then based on the principle of presumption of legality, the approval decision is still considered valid and effective as long as it has not been revoked through the competent legal mechanism. Thus, there is a separation between the nullity of the establishment agreement in civil law and the continued validity of the administrative legal entity status. The legal consequences of this condition include the lapse of rights and obligations arising from the memorandum of association, without immediately removing the company's position as a legal entity vis-à-vis third parties acting in good faith. A solution can be sought through the mechanism of amending the articles of association in a GMS or through dissolution and a court decision in order to achieve harmony between material and formal validity

HUBUNGAN PEMERINTAH PUSAT DAN DAERAH DALAM PEMBANGUNAN INFRASTRUKTUR JALAN DI KOTA TANGERANG Wulandari, Tri Ayu; Amelia, Mega; Suryani, Devina Ratna
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.v5i3.874

This study aims to analyze the relationship between the central government and local governments in the development of road infrastructure in Tangerang City. Road construction is one of the main factors in improving regional connectivity, smoothing the flow of goods and services, and supporting local economic growth. This research uses a qualitative descriptive method by analyzing various policy documents and government reports. The results of the study show that the relationship between the central and regional governments is running quite well through mutual financing mechanisms, technical coordination, and project implementation. However, there are still obstacles such as delays in funds, coordination between agencies, and differences in priorities between the central and regional governments.

MENGAYUH KEHIDUPAN DENGAN KEBERSYUKURAN: STUDI KUALITATTIF TENTANG AUTHENTIC HAPPINES PADA TUKANG BECAK Purnomosidi, Faqih; Ramandita, Zalfa Kirana
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.v5i3.875

Happiness is often defined as a condition that is highly dependent on material achievement and economic well-being. However, in communities with limited economic resources, happiness can have a different and deeper meaning. This study aims to understand the depiction of authentic happiness and the meaning of gratitude in the daily lives of pedicab drivers. This study used a qualitative approach with descriptive methods, through in-depth interviews with seven pedicab drivers working in and around Surakarta. The results show that the happiness experienced by pedicab drivers is not solely determined by material aspects, but rather by their ability to be grateful, maintain positive social relationships, have harmonious family ties, and interpret work as a form of responsibility and devotion. Despite facing economic constraints, the physical demands of work, and advancing age, informants still felt inner satisfaction when they were able to meet their family's basic needs, help others, and live simply. These findings suggest that gratitude plays a crucial role in shaping authentic happiness, particularly in the meaningful dimension of life. This research is expected to contribute to the development of positive psychology studies and become a basis for formulating policies that support the welfare of informal sector workers.

GUGATAN CLASS ACTION SEBAGAI PENEGAKAN HUKUM PRIVAT ATAS PRODUK PALSU YANG MEMBAHAYAKAN KESELAMATAN KONSUMEN Saputra, Rio; 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.v5i3.876

This literature study aims to reconstruct the class action lawsuit as an effective private enforcement instrument in addressing counterfeit products that endanger consumer safety. Employing a qualitative normative juridical method with content analysis techniques, this research examines secondary data from legislation, legal literature, and judicial practices. The findings indicate that the theoretical construction of class action requires a paradigm shift from mere procedural efficiency to an active private enforcement mechanism prioritizing consumer safety. Normative and procedural critical points, particularly in proving collective causation and calculating latent damages, can be overcome through risk-based evidence, a redefinition of commonality, and a differentiated compensation scheme. An effective enforcement design must integrate a court-supervised collective compensation fund, specific execution of injunctive relief such as mandatory recalls, the application of disgorgement of profits and coercive fines (astreinte), and robust post-judgment monitoring. This study concludes that a comprehensively redesigned class action mechanism, synchronized with consumer protection law and coordinated with public enforcement, can simultaneously achieve restorative justice for victims and optimal deterrence for violators. This reconstruction enriches civil procedure theory and offers practical guidance for judges, legislators, and consumer advocates in combating the circulation of hazardous counterfeit goods.

KONSTRUKSI UNSUR DELIK PENIPUAN DAN KECUKUPAN PERTANGGUNGJAWABAN PIDANA DALAM DUGAAN PENYALAHGUNAAN DANA UMRAH: STUDI NORMATIF-EMPIRIS ATAS KASUS SLV TRAVEL DI MAKASSAR Amran, Amran
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.v5i3.877

Umrah as a religious activity with high spiritual value has grown rapidly alongside increasing public demand for religious travel services in Indonesia. However, the expansion of this industry has not always been accompanied by adequate governance and supervision, leading to alleged misuse of pilgrims’ funds that may be legally classified as fraud. This study addresses three main questions: (1) how the elements of “deceit” and “a series of lies” are constructed in the alleged fraud of SLV Travel under Article 378 of the Indonesian Criminal Code (KUHP); (2) whether the criminal liability framework in the KUHP and Law Number 8 of 2019 on the Implementation of Hajj and Umrah is sufficient to ensure legal protection and recovery of victims’ rights; and (3) what legal implications and policy recommendations can strengthen prevention and law enforcement mechanisms. Using a normative-empirical approach, the study finds that doctrinally the pattern of conduct in the SLV Travel case potentially fulfills the elements of fraud under Article 378 KUHP. Nevertheless, although the punitive framework is adequate to prosecute offenders, the system remains predominantly retributive and has not optimally ensured effective victim compensation. The novelty of this research lies in its analysis of the construction of fraud elements at the pre-adjudicative stage and its integrative evaluation of criminal law and sectoral umrah regulation. Its contribution is the proposal of a preventive–repressive model oriented toward victim protection through risk-based supervision, segregation of pilgrims’ funds, and the integration of restitution within criminal proceedings.

HAK KONSTITUSIONAL ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT SEBAGAI HAK KEWARGANEGARAAN: SCOPING REVIEW LITERATUR CIVIC LAW DI INDONESIA Rahmaddani, Imam
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.v5i3.878

The climate crisis, pollution, and ecological degradation have strengthened the urgency of the right to a good and healthy environment as an integral part of human rights and citizens’ constitutional rights. Indonesia is relatively progressive, as it has incorporated the right to a good and healthy environment into Article 28H(1) of the 1945 Constitution and elaborated it in Law No. 32 of 2009 on Environmental Protection and Management. Normatively, this right is framed as both a human right and a constitutional right of citizens. However, there is a persistent gap between normative guarantees and empirical implementation, and only a limited number of studies explicitly interpret the right to a healthy environment as a citizenship right from a civic law perspective. This article aims: (1) to map the development of literature on the right to a good and healthy environment as a constitutional right of citizens in Indonesia; (2) to identify theoretical and methodological approaches used; (3) to reveal theoretical and empirical gaps in existing studies; and (4) to propose a conceptual framework of environmental rights as citizenship rights that integrates environmental constitutionalism, environmental citizenship, and environmental justice. The research applies a qualitative scoping review guided by Arksey and O’Malley’s framework, refined by Levac et al., and reported with reference to PRISMA-ScR. The findings show that Indonesian scholarship is dominated by normative legal research focusing on constitutional texts and legislation, while the dimensions of citizenship, public participation, and environmental justice remain underexplored. At the same time, ecological citizenship discourse has developed rapidly in citizenship education studies, but it is not yet firmly connected to the constitutional foundations of environmental rights. The article proposes a civic law framework that conceptualises the right to a good and healthy environment as a living civic right and identifies a set of future research agendas to strengthen the connections between law, citizenship, and environmental justice in Indonesia

PERLINDUNGAN HUKUM TERHADAP KONSUMEN PADA PEMBELIAN BARANG YANG TIDAK SESUAI DENGAN GAMBAR PADA MARKETPLACE SHOPEE Gunawan, Angeline; Yor, A. Kasimirus; Sutanto, Very Werson
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.v5i3.879

E-commerce transactions, such as those on the Shopee platform, are a legal relationship involving three parties: the consumer, the seller, and the platform (Shopee). This relationship creates liabilities and obligations for each party, which much be adhered to ensure transaction is conducted properly and fairly. To protect consumers, businesses are required to provide accurate and honest information and carry out responsibly. Consumers are also required to exercise caution in transactions and retain proof of transactions to guard against possible order discrepancies. This evidence is expected to sthrengthen the consumer’s position in online buying and transsactions, which are often perceived as weaker than businesses.

MIGRASI PASCA-PERANG DUNIA II DAN MULTIKULTURALISME DI AUSTRALIA Suharyadi , Irsyaad; Nahida , Najwa Aziza
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.v5i3.880

This study examines the role of post-World War II migration and cultural globalization in shaping Australia’s national and regional identity. The end of World War II marked a critical turning point in Australia’s demographic and policy orientation, particularly through the expansion of immigration programs and the gradual dismantling of the White Australia Policy. Drawing upon a qualitative descriptive approach with a historical-analytical method, this research analyzes secondary data from academic literature, policy documents, and international reports to explore the interplay between migration flows, global cultural exchanges, and identity construction. The findings reveal that large-scale migration not only transformed Australia’s demographic composition but also facilitated the emergence of multiculturalism as a defining feature of its national identity. Through processes of cultural interaction, adaptation, and hybridization, migrants contributed to the formation of new social practices and urban cultural landscapes. However, the study also highlights that the construction of a multicultural identity is neither linear nor uncontested. Persistent challenges such as racism, social exclusion, and unequal integration continue to shape the limits of multiculturalism in Australia. From a constructivist perspective in International Relations, this study argues that identity is socially constructed through historical processes, policy frameworks, and transnational interactions. Australia’s evolving identity reflects not only domestic transformations but also its repositioning within the Indo-Pacific region and the broader global order. By linking migration, globalization, and identity, this study contributes to a deeper understanding of how states negotiate internal diversity while projecting their identity externally in international relations.

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

Location Kota tangerang, Banten INDONESIA

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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