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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 805 Documents
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Makna Resiliensi dalam Kehidupan Penderita Penyakit Kronis: Studi Kualitatif Tentang Kualitas Hidup Faqih Purnomosidi; Risma Sakti Pambudi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.902

Abstract

Chronic illness is a long-term health condition that affects not only physical functioning but also psychological well-being, social relationships, and spiritual life. These multidimensional challenges require individuals to develop adaptive capacities to maintain their quality of life. This study aimed to explore the meaning of resilience in maintaining the quality of life among individuals living with chronic illnesses. A qualitative phenomenological approach was employed. Data were collected through in-depth interviews and direct observations involving six purposively selected participants diagnosed with hypertension, stroke, asthma, heart disease, cervical cancer, and diabetes mellitus. The findings revealed that resilience emerged as a dynamic adaptive process enabling participants to accept their illness, regulate emotions, sustain hope, and adjust to life changes caused by chronic disease. Resilience was constructed through six interconnected dimensions, namely personal competence, emotional regulation, self-acceptance, social support, self-control, and spirituality. Among these dimensions, family support and spirituality were identified as the strongest protective resources in helping participants cope with chronic illness. Participants also perceived their illness as a meaningful life experience that strengthened their relationship with God, fostered gratitude, and encouraged personal growth. These findings indicate that the quality of life among individuals with chronic illness is influenced not only by physical health status but also by resilience developed through psychological, social, and spiritual resources. Therefore, interventions for individuals with chronic illnesses should adopt a holistic approach by integrating psychological support, family involvement, and spiritual care to enhance quality of life
Analisis Formalisme Meaningful Participation Dalam Pembentukan Undang-Undang Di Indonesia Abdur Rahim; Ahmad Zaelani; Fatur Rahman Al Mugni; Edi Mulyadi; Sumariyadi; Abdul Hamid
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.903

Abstract

Indonesia is a country that places popular sovereignty as the highest foundation of state governance, including public involvement in every legislative process. This study aims to analyze the phenomenon of formalism in the implementation of meaningful public participation following Constitutional Court Decision No. 91/PUU-XVIII/2020. Although legal norms have guaranteed the right to be heard, the right to be considered, and the right to be explained, the reality of legislation reveals a tendency toward participation that is merely procedural or administrative in nature. Using a normative legal research method through a legislative analysis and case study approach, this study examines the drafting processes of the Job Creation Law, the IKN Law, and the RKUHAP. The findings reveal that meaningful participation is often reduced to merely fulfilling formal requirements to avoid annulment by the Constitutional Court, while the substance of public aspirations is overlooked in the fast-paced and closed legislative process. This contradiction has led to a crisis of democratic legitimacy and a decline in the quality of the resulting legal products. This study recommends that the Constitutional Court strengthen its formal review standards to ensure that public participation is conducted in a fair and transparent manner and has a tangible impact on the substance of legislation.
Analisis Rechtspolitiek Menuju Hukum Progresif Di Indonesia Abdur Rahim; Shepti Maulia; Ikbal Hanafi; Bagus Tegar Awaluddin; Farid Anwar Fuadzi; Fatikha Salsabila
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.904

Abstract

This study aims to analyze the role of rechtspolitiek in promoting the realization of progressive law in Indonesia. The background of this research is based on the high level of public dissatisfaction with law enforcement and the suboptimal performance of the legal system in achieving substantive justice. This study employs a qualitative approach using a library research method, by examining laws and regulations, books, scientific journals, and relevant policy documents. Data analysis is conducted using the interactive model of Matthew B. Miles and A. Michael Huberman, which includes data reduction, data display, and conclusion drawing. The findings indicate that rechtspolitiek plays a strategic role in shaping a legal system that is responsive, participatory, and oriented toward social justice. However, its implementation still faces various challenges, including resistance to change, rigid bureaucracy, political interests domination, and legal pluralism complexity. Therefore, strengthening progressive legal politics is necessary through regulatory reform, increased public participation, and synergy among government, academics, and civil society. Consequently, progressive law can function as an instrument to achieve substantive justice and public welfare.
Analisis Tradisi Praktik Gadai Sawah Dalam Perspektif Fikih Muamalah Di Blok Babakan Palasah, Gantar, Indramayu Mulyaningsih Mulyaningsih; Putri Hanifah Nur Islamiah; Wasiyah Wasiyah; Agus Rojak Samsudin
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.905

Abstract

This study examines the traditional practice of paddy field pawning (rahn) in Blok Babakan Palasah from the perspective of fiqh muamalah and qawa'id fiqhiyyah. The practice is commonly conducted through an oral agreement passed down through generations, in which the pledgee (murtahin) fully manages the pawned paddy field and enjoys its entire harvest during the pawning period, generally two to three years, without sharing the yield with the pledgor (rahin). Using a qualitative descriptive field research design with normative-juridical and sociological approaches, data were collected through interviews with pledgors, pledgees, and religious leaders, then analyzed using the interactive model of Miles, Huberman, and Saldana. The findings show that although the practice is regarded by most parties as a mutually beneficial and fair custom ('urf) rooted in social trust, it does not fully meet the requirements of a valid rahn contract because the pledgee's full appropriation of the harvest without compensation indicates riba and potential injustice toward the pledgor, as also confirmed by religious leaders. The study recommends restructuring the pawning agreement through separate contracts such as ijarah, mudharabah, or muzara'ah, accompanied by written documentation as a preventive measure against exploitative practices.
Perlindungan hukum bagi pencipta ari bias atas lagu yang dinyanyikan ulang oleh agnez mo di superclub berdasarkan undang-undang nomor 28 tahun 2014 Shafira Fajriah Arrozi; Anne Gunawati; Rully Syahrul Mucharom
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.906

Abstract

Copyright protection is a legal mechanism that safeguards creators' exclusive and economic rights over their intellectual works. The dispute between Ari Bias and Agnez Mo regarding the commercial performance of the song Bilang Saja generated significant legal debate after the Supreme Court, through Decision Number 825 K/Pdt.Sus-HKI/2025, overturned the Commercial Court Decision Number 92/Pdt.Sus-HKI/2024/PN Niaga Jkt.Pst. This study aims to examine the conformity of the Supreme Court's decision with Law Number 28 of 2014 on Copyright and to analyze the legal consequences arising from the differing judicial interpretations. The research employed a normative-empirical method using statutory and case approaches, supported by interviews with the songwriter, the National Collective Management Organization, and the Directorate General of Intellectual Property. Primary and secondary data were analyzed qualitatively. The findings indicate that the Supreme Court's decision is only partially consistent with the Copyright Law because it emphasizes royalty payment obligations while providing insufficient protection for the creator's exclusive right to authorize the commercial use of copyrighted works. The conflicting judicial decisions also create legal uncertainty regarding the party responsible for obtaining permission and paying royalties for commercial performances. Therefore, harmonization of legal interpretation and strengthening of regulations governing licensing and royalty mechanisms are essential to ensure legal certainty, effective copyright protection, and justice for song creators in Indonesia.
Perlindungan Hukum Hak Siar Liga Inggris atas Komersialisasi Nonton Bareng Tanpa Lisensi di Kafe Jakarta Selatan Widya Rahmawati Asmara; Anne Gunawati; Rully Syahrul Mucharom
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.907

Abstract

The commercialization of English Premier League live broadcasts through public viewing activities in cafés without a license has become increasingly common and raises legal issues concerning the protection of broadcasting rights. This study aims to analyze the legal protection provided to PT EMTEK Tbk as the exclusive broadcasting rights holder of the English Premier League in Indonesia against unauthorized commercial public viewing activities in cafés in South Jakarta, as well as the legal consequences arising from such violations. This research employed a normative juridical method supported by empirical data obtained through interviews with representatives of PT EMTEK Tbk, the Directorate General of Intellectual Property (DJKI), café owners, and café customers. The findings indicate that preventive legal protection has been implemented through a licensing mechanism, while efforts to disseminate information and increase legal awareness among small business owners remain limited. Repressive legal protection is legally available through civil remedies, criminal sanctions, and dispute resolution mechanisms; however, their implementation is still constrained by the complaint-based nature of copyright offenses and limited enforcement capacity. The legal consequences of unauthorized commercial public viewing are normatively regulated under the Copyright Law and the Broadcasting Law, although their application in practice has not yet been carried out consistently in the cafés examined in this study.
Penanganan Perdagangan Barang Impor Ilegal dalan Perfektif Penegakan Hukum pada Marketplace Indonesia Dwiatmanto Dwiatmanto; Yoga Ata Thorik Faza
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.908

Abstract

The development of e-commerce has brought about significant changes to the buying and selling of imported goods through various marketplace platforms in Indonesia. The presence of these systems has made it easier for the public to obtain products from abroad. However, this situation has also posed challenges in the form of an increase in the circulation of imported goods that enter and are marketed without complying with applicable legal provisions, such as customs requirements, business licensing, product quality standards, and tax obligations. The purpose of this study is to examine the legal regulations governing the trade of imported goods through marketplaces. The research method employed a normative legal approach utilizing the statute approach, the conceptual approach, and the case approach. Data were obtained through a literature review and then analyzed qualitatively through legal interpretation and deductive reasoning. The results of the study indicate that regulations concerning the trade of imported goods through marketplaces are established in various relevant legal instruments, particularly through electronic systems. Although this regulatory framework is in place, the enforcement of these laws still faces several challenges, such as the sheer volume of digital transactions requiring oversight, suboptimal coordination among relevant agencies, weak verification processes for business operator identities, and the complexity of monitoring cross-border transactions. Therefore, strategic measures are needed, including enhancing inter-agency synergy, developing an integrated monitoring system, making more optimal use of digital technology, and strengthening the responsibility of marketplace operators in verifying business actors and monitoring the products being marketed
Perlindungan Hukum Terhadap Indikasi Geografis Atas Klaim Wilayah Rambutan Parakan Tanpa Izin Berdasarkan Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis Dini Cahyati; Anne Gunawati; Rully Syahrul Mucharom
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.909

Abstract

Indonesia is a country rich in natural resources because Indonesian land has various natural products with their own unique characteristics. The uniqueness of natural resources, both plant and biological, so that from this potential provides various products such as agriculture, plantations, cultivation, crafts, and forestry. Having the characteristic of a geographical indication is located. Geographical Indication is a sign that indicates the area of ??origin of a good and/or product which due to geographical environmental factors including natural factors, human factors or a combination of both factors gives a certain reputation, quality, and characteristics to the goods and/or products produced. One of the potential products of geographical indication is the Parakan rambutan product typical of Tangerang Regency. Problems arise when there is misuse of the Parakan rambutan area belonging to Tangerang Regency which has been certified as a geographical indication by another party, this is detrimental to the economic rights of the owner of the geographical indication. This study aims to analyze the protection of the geographical indication of parakan rambutan based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and the legal consequences of violators of the use of Geographical Indications of parakan rambutan without permission based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The method used is normative juridical. Data collection techniques are carried out through library studies and field studies. Data analysis uses qualitative analysis. The results of the study indicate that the protection of geographical indications for the use of the parakan rambutan area is legally protected because it has been certified in accordance with the geographical indication document and the consequences of the issue are detrimental to the reputation, quality and characteristics and violate the economic rights of the geographical indication owner. The geographical indication owner can file a civil or criminal lawsuit. Suggestions given, it is necessary to improve the label on the packaging of Geographical Indication products and supervision from the government, geographical indication owners or other communities.
TINJAUAN YURIDIS PELAKSANAAN LELANG EKSEKUSI HAK TANGGUNGAN TERHADAP DEBITUR WANPRESTASI BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN DAN PERATURAN MENTERI KEUANGAN NOMOR 122/PMK.06/2023 Irwan Sapta Putra; Mohammad Hifni; Siti Faozah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.910

Abstract

The execution auction of Mortgage Rights is one of the legal mechanisms for resolving non-performing loans by granting creditors the authority to obtain repayment of their receivables through the sale of mortgaged property when the debtor is in default. The legal framework governing the implementation of Mortgage Right execution auctions is stipulated in Law Number 4 of 1996 concerning Mortgage Rights and Minister of Finance Regulation Number 122/PMK.06/2023 concerning Guidelines for Auction Implementation. However, in practice, there are still differing interpretations regarding the implementation of parate executie, potential inconsistencies among statutory regulations, and variations in judicial decisions, which affect legal certainty and legal protection for creditors, debtors, and auction purchasers. This study aims to analyze the legal regulations governing the implementation of Mortgage Right execution auctions against defaulting debtors based on the applicable laws and regulations, as well as to examine whether their implementation reflects the principles of legal certainty, justice, and legal protection. This research employs a normative legal research method using the statutory approach, conceptual approach, and case approach. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through library research. The findings indicate that the legal framework governing Mortgage Right execution auctions has been adequately established under the Indonesian Civil Code, Law Number 4 of 1996 concerning Mortgage Rights, Law Number 10 of 1998 concerning Banking, and Minister of Finance Regulation Number 122/PMK.06/2023 concerning Guidelines for Auction Implementation. Nevertheless, differing interpretations of Articles 6 and 20 of the Mortgage Rights Law regarding the implementation of parate executie continue to hinder the realization of optimal legal certainty in practice. Therefore, harmonization of statutory regulations and consistent law enforcement are necessary to ensure legal certainty, justice, and balanced legal protection for creditors, debtors, and auction purchasers.
TINJAUAN YURIDIS TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PENCABULAN DAN PERSETUBUHAN (Studi Putusan Nomor 141/Pid.Sus/2026/PN Srg) Irwan Sapta Putra; Mohammad Hifni; Najma Nurapriliani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): 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.v6i2.911

Abstract

Children are a trust and blessing from God Almighty who have the right to be protected from all forms of violence, including sexual molestation and sexual intercourse crimes. However, the increasing number of sexual violence cases against children indicates that the existing legal protection has not been fully effective in preventing such crimes. This study aims to analyze the legal protection provided to children as victims of sexual molestation and sexual intercourse crimes and to examine the judges' legal considerations in Court Decision Number 141/Pid.Sus/2026/PN Srg based on the applicable laws and regulations. This research employed a normative legal research method using a statutory approach, a case approach, and a conceptual approach. The legal materials consisted of primary, secondary, and tertiary legal sources collected through library research. The data were analyzed qualitatively using a deductive method. The results indicate that legal protection for children as victims of sexual molestation and sexual intercourse crimes has been regulated under the 11415 Constitution of the Republic of Indonesia, Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Sexual Violence Crimes, and other related legislation. Such protection includes legal assistance during judicial proceedings, medical and psychological rehabilitation, protection of victims' identities, and the restoration of victims' rights. Based on the normative analysis of Court Decision Number 141/Pid.Sus/2026/PN Srg, judges' legal considerations in cases involving sexual crimes against children should comprehensively address juridical, philosophical, and sociological aspects while prioritizing the principle of the best interests of the child. Furthermore, judicial decisions are expected not only to provide legal certainty through the imposition of criminal sanctions upon offenders but also to ensure justice and legal benefits by guaranteeing optimal protection and recovery for child victims.

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