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Aditya Halim Perdana Kusuma Putra
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Golden Ratio of Law and Social Policy Review (GRLSPR)
Published by Manunggal Halim Jaya
ISSN : -     EISSN : 28082923     DOI : https://doi.org/10.52970/grlspr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Golden Ratio of Law and Social Policy Review encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Golden Ratio of Law and Social Policy Review welcomes papers: Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Golden Ratio of Law and Social Policy Review seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
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Search results for , issue "Vol. 5 No. 2 (2026): January - June" : 18 Documents clear
Article 251 of the Kitab Undang-Undang Hukum Dagang is Related to the Principle of Utmost Good Faith Situmorang, Samuel Frans Boris
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2008

Abstract

Correct notification of the insurance object by the insured to the insurer in an insurance law is very important. The conditions for the validity of the insurance agreement are 1320 of the Kitab Undang-Undang Hukum Perdata, Article 250 of the Kitab Undang-Undang Hukum Dagang, and Article 251 of the Kitab Undang-Undang Hukum Dagang. So, Article 251 of the Kitab Undang-Undang Hukum Dagang is a condition for the validity of an insurance agreement. The author agrees to the Judge's Consideration and Dictum of the Constitutional Court of the Republic of Indonesia Number: 83/PUU-XXII/2024. The decision is in accordance with the principle of utmost good faith. However, Article 251 of the Kitab Undang-Undang Hukum Dagang is more related to the principle of utmost good faith, according to the author, in line with the opinion in the book Prof. H. Man Suparman Sastrawidjaja, S.H., S.U and Endang, S.H, namely through a change in the law, namely Article 251 of the Kitab Undang-Undang Hukum Dagang, changes are made in such a way that the act of rejecting claims based on Article 251 of the Kitab Undang-Undang Hukum Dagang must be tested against Article 1338 Paragraph (3) of the Kitab Undang-Undang Hukum Perdata (principle of good faith / utmost good faith). The research method in this paper is normative descriptive that provides data/overview by analyzing using legal principles, examining the systematics of laws and regulations.
Problematic Nature of Uang Panai in Bugis-Makassar Marriages: A Case Study in South Sulawesi Province S. Salle; Andi Risma; Dian Eka Pusvita Azis
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.1917

Abstract

Indonesia possesses a vast cultural diversity, including the Bugis-Makassar ethnic group in South Sulawesi, which maintains a unique marriage tradition known as Uang Panai’. Distinct from the dowry, Uang Panai’ is a customary requirement representing a marriage endowment provided by the groom that serves as a symbol of social status, prestige, and a determinant for the success of a wedding, though its high cost often leads to canceled marriages or the occurrence of Silariang. This study aims to provide solutions to the issues surrounding the fluctuating and often exorbitant costs of Uang Panai’ through a quantitative method using frequency distribution to measure the relationship between the uncertain value of Uang Panai’ as the dependent variable and factors such as education, occupation, economic status, lineage, physical appearance, and social environment as independent variables. The results indicate that Uang Panai’ significantly influences the implementation of marriages, with its amount being determined by the aforementioned social factors, leading to the conclusion that an ideal solution requires the establishment of regional regulations as a legal framework. Consequently, this study recommends the necessity of legal counseling regarding marriage requirements and urges local governments in South Sulawesi to formulate Peraturan Daerah to provide legal certainty and moderate the implementation of this tradition.
Delegitimization of the Constitutional Court in the Age of Artificial Intelligence: A Critical Review of the Shift from Contextual Justice to Legal Formalism Asyraf, Muammar; Ramadani, Rizki
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2081

Abstract

The rapid infiltration of Artificial Intelligence (AI) into various sectors, including the legal domain, generates a fundamental paradox between technocratic efficiency and substantive justice. This study aims to analyze the threats posed by the mechanistic logic of AI to the epistemic authority of the Constitutional Court (MK) as the guardian of the constitution. Employing a juridical-normative method with a conceptual approach, this research conducts a systematic literature study of legal, legal philosophy, and legal technology sources published between 2017 and 2025, analyzed through hermeneutic interpretation encompassing textual, conceptual, and teleological dimensions. The findings reveal two principal threats: first, AI risks shifting the paradigm of constitutional interpretation away from a dynamic and contextual living constitution approach toward rigid legal formalism anchored in historical data, thereby neglecting moral, social, and contextual dimensions; second, the dominance of algorithmic logic threatens the delegitimization of the Constitutional Court, as algorithmically influenced decisions fail to capture the complexity of societal justice and the humanistic dimension of judicial proceedings. Unlike previous studies that focus on technical aspects or general algorithmic ethics, this research introduces the conceptualization of a dichotomy between mechanistic justice and contextual justice in the specific context of Indonesia’s civil law constitutional adjudication. The study concludes that while AI serves a legitimate role as a technical tool, its logical dominance fundamentally endangers the essence of the Constitutional Court as an institution that resolves disputes through wisdom, conscience, and constitutional values. A strict regulatory framework comprising five key components is therefore proposed to ensure that AI remains a supportive instrument rather than a substitute for constitutional authority.
Innovative Model to Strengthen Human Rights Protection in Indonesia’s 2026 National Criminal Code Sulaiman, R Arif; Pratama, Nabil Librian
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2129

Abstract

This study analyzes the legal framework for the protection of human rights within the Indonesian legal system and its reinforcement in the 2026 National Criminal Code (KUHP). It employs a normative legal research design using a literature review method, integrating both statutory and contextual approaches to enhance methodological transparency and facilitate future replication. The research adopts a qualitative approach through library research. Data are derived from primary legal materials, including the 2026 National Criminal Code, human rights related legislation, and international human rights instruments, as well as secondary legal materials such as books and relevant academic journals. The sources are selected through purposive sampling based on academic relevance. Data are analyzed using a descriptive-qualitative approach by examining the relationship between criminal law norms and human rights principles, and by comparing them with legal doctrines and practices in several countries, drawing on the theoretical frameworks of human rights, legal protection, and criminal law policy. The findings indicate that strengthening human rights principles within the Criminal Code has the potential to enhance the effectiveness of a more just and humane criminal justice system. These findings also have important implications for future legal research and policy-making, particularly in improving the implementation of human rights standards and strengthening institutional accountability in Indonesia.
Reconstructing Criminal Liability Models for the Dissemination of False Information in the Indonesian Criminal Justice System : An Analysis of the ITE Law After the 2024 Amendment Pratama, Nabil Librian; Sulaiman, R Arif
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2135

Abstract

This study analyzes and reconstructs the model of criminal liability for the dissemination of false information in the Indonesian criminal law system, particularly based on the provisions of the Electronic Information and Transactions Law after the 2024 amendment. Despite the increasing regulation of false information under the ITE Law, there remains a lack of clarity regarding the conceptual boundaries and application of criminal liability, as well as limited scholarly discussion on how such liability should be reconstructed to balance law enforcement and freedom of expression. This study addresses this research gap by offering a systematic reconstruction model. This study employs a normative legal approach using legislative and conceptual methods, analyzed descriptively and prescriptively through a structured literature review. The findings show that criminal liability for the dissemination of false information requires the fulfillment of the elements of criminal acts (actus reus) and fault (mens rea), which are reflected in the elements of “intentionally” and “without rights” in the ITE Law. However, in practice, there is still uncertainty regarding the definition of “false information,” the potential for multiple interpretations, and the risk of excessive criminalization that could conflict with freedom of expression. These issues indicate a gap between normative regulation and its practical implementation. Therefore, the reconstruction model emphasizes (1) clear and restrictive definitions of false information, (2) strict proof of intent, (3) application of proportionality in criminal sanctions, and (4) differentiation of roles between content creators, redistributors, and electronic system operators. This model places criminal law as the ultimum remedium to ensure legal certainty, justice, and effective protection of freedom of expression in the digital space.
Constitutionality Of Independent Government Regulations (PP) In Indonesia Saada, Ahla Nurus
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2142

Abstract

This study examines the constitutionality of independent Government Regulations (PP) within the Indonesian legal system. Independent Government Regulations (PP) are regulations issued by the President without an explicit delegation of authority from a law, but based on the attribution of authority under Article 5 (2) of the 1945 Constitution. This phenomenon has sparked debate regarding its compatibility with the principles of the rule of law and the principle of legality. Using a normative legal approach, this study analyzes legislation, Supreme Court decisions, and the opinions of constitutional law experts through a literature review. The research findings indicate that independent Government Regulations (PP) are constitutional as long as their issuance is based on the President’s delegated authority and does not conflict with laws or the 1945 Constitution. However, their existence must remain subject to oversight through the Supreme Court’s judicial review mechanism to ensure their conformity with the hierarchy of legislation and the principle of legality. These findings underscore the importance of legal clarity in the formulation of Government Regulations to prevent legal uncertainty and potential abuse of authority, while simultaneously strengthening the constitutional system and regulatory framework in Indonesia.
An Analysis of Criminal Sanctions and Rehabilitation for Child Drug Offenders: A Case Study of Decision Number 51/Pid.Sus-Anak/2024/PN Tjk Putra, Igo Dwi; Zainudinhasan, Z.
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.1115

Abstract

This study aims to analyze the application of criminal penalties against children as perpetrators of drug abuse based on Decision Number 51/Pid.Sus-Anak/2024/PN Tjk. Drug abuse by minors is increasingly becoming a concern in the Indonesian legal system, especially in relation to the protection of children's rights and the fair application of criminal law. This study uses a qualitative method with a case study approach that focuses on the analysis of court decisions against children as perpetrators of drug abuse. Data were collected through document analysis of court decisions and in-depth interviews with several legal experts (n = 3) who are competent in criminal and juvenile justice. The results of the study indicate that although Indonesian criminal law regulates the treatment of children who commit crimes, sentencing for children in drug abuse cases should prioritize rehabilitation rather than punishment. This study also found that courts tend to make decisions that emphasize more on the development and rehabilitation of children rather than imposing severe sentences. These findings imply the need for strengthening a child-centered justice approach by integrating rehabilitation-focused policies and improving the capacity of law enforcement in handling juvenile drug cases. The suggestions given are the need to improve understanding of child protection in the criminal law system and expand the implementation of more effective rehabilitation programs for children involved in drug abuse.
Law Enforcement and Justice Based on Local Wisdom in Protecting the Intellectual Property Rights of Batak Toba Ulos Weaving Fabric Gultom, Meli
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2004

Abstract

Law enforcement aims to realize justice within society. However in practice, the rigid and formalistic application of positive law often fails to reflect the sense of justice living within the community Indonesia, as apluralistic state possesses rich cultural values and tradition known as local wisdom, which play a strategic role in achieving substansive justice. Local wisdom embodies noble values such as deliberation, balance, harmony and restoration of social relations, which align with the principles of restorative justice. Indonesia is a country that consists of various tribes and cultures so that it has priceless Traditional Cultural Expressions and really needs to be protected. One form of traditional cultural expression in Indonesia is ulos cloth, which is a fabric product that is known internationally. This study aims to analyze the concept of law enforcement and justice based on lacal wisdom and its relevance within the Indonesia legal system. The research employs a normative juridicial mthod using statutory, conceptual and sociological approaches. The finding indicate that integrating local wisdom into law enforcement strengthens legal legitimacy, enhances public trust in law enforcement institusions, and promotes a more humane, contextual, and socially responsive form of justice. Therefore law enforcement based on local wisdom is essential in creating a legal system that not only ensures legal certainty but also embodies the values of rooted in society. Ulos cloth is a traditional woven cloth typical of North Sumatra which is currently widely used by fashion designers as part of their creations. Ulos cloth, especially the Toba Batak ulos, has been designated as an intangible cultural heritage of Indonesia through the Decree of the Minister of Education and Culture of the Republic of Indonesia Number 270/P/2014 concerning the Determination of the 2014 Intangible Cultural Heritage of Indonesia. Apart from being regulated by this decree, traditional cultural expressions are also regulated by law. -Law Number 28 of 2014 concerning Copyright and also through Law Number 5 of 2017 concerning the Promotion of Culture which aims to advance Indonesian national culture and make Culture an investment to realize the national goals of the Indonesian nation.  

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