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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 133 Documents
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Electronic Cross-Border Business Contract Dispute Resolution Model for MSMEs from a Formal Law Perspective Cicin Nurpasha; Ummi Maskanah
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2302

Abstract

The development of globalization and digital technology has accelerated cross-border electronic commerce, creating broader market opportunities for MSMEs while increasing the risk of legal disputes arising from differences in jurisdictions and legal systems. This study aims to identify the most appropriate, adaptive, and legally feasible dispute resolution model for resolving cross-border electronic business contract disputes involving MSMEs from a formal legal perspective. This research employed a descriptive-analytical method using a normative legal approach supported by empirical data obtained through interviews. The study analyzed primary, secondary, and tertiary legal materials through qualitative legal analysis to examine the legal framework governing cross-border electronic contracts and dispute resolution mechanisms. The findings indicate that conventional litigation and existing alternative dispute resolution mechanisms remain inadequate for MSMEs due to high costs, lengthy procedures, limited access to justice, and jurisdictional challenges. In contrast, Online Dispute Resolution (ODR) offers a more effective model by providing greater efficiency, flexibility, and accessibility in resolving cross-border electronic business contract disputes. The implementation of ODR is legally supported by Law Number 1 of 2024 concerning Electronic Information and Transactions, particularly Article 5, which recognizes electronic documents as valid legal evidence, and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, particularly Article 4(3), which recognizes electronic communications in dispute resolution. However, Indonesia still requires a comprehensive legal framework governing ODR implementation, institutional authority, and enforcement to strengthen legal certainty and improve legal protection for MSMEs. This study contributes to the development of Indonesian commercial law by proposing a formal legal framework integrating ODR into cross-border electronic business contract dispute resolution and supporting future legal reform and digital commerce governance.
Environmental Legal Liability for Radioactive Contamination in Exported Frozen Shrimp Products in the Cikande Industrial Area Ardy Bryan Ompusunggu; Christin Septina Basani
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2381

Abstract

The detection of radioactive Cesium-137 (Cs-137) contamination in Indonesian exported frozen shrimp products in 2025 raised concerns over environmental protection, food safety, consumer protection, and international trade sustainability. This study analyzes environmental legal liability for radioactive contamination in the fishery industry supply chain in the Cikande Industrial Area and examines legal protection for consumers, workers, surrounding communities, and affected business actors. This study uses normative legal research with statutory, conceptual, and case approaches. The legal materials include regulations on environmental protection, consumer protection, nuclear energy, radiation safety, and food safety. The findings show that Cs-137 contamination indicates weak implementation of the precautionary principle, inadequate supervision of radioactive hazardous waste, and limited cross-agency coordination. Legal liability should be constructed through strict liability and the polluter pays principle, requiring the polluting party to bear restoration, compensation, and victim recovery costs. This study recommends strengthening radioactivity supervision, improving inter-agency coordination, and establishing risk-based preventive monitoring to ensure food safety, environmental protection, and sustainable fishery exports.
Digital Public Complaint Portals and Human Rights-Based Investigative Oversight: Strengthening Police Accountability at the East Nusa Tenggara Regional Police Annas Abdullah Tetapo
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2486

Abstract

Digital transformation has emerged as an essential mechanism for enhancing transparency, accountability, and public participation within the Indonesian National Police (Polri). As a law enforcement institution with investigative authority, Polri requires effective oversight mechanisms to ensure that investigative processes comply with legal standards and human rights principles. This study aims to examine the role of the Dumas Presisi application in supporting human rights-based investigative oversight and strengthening legal accountability within the Internal Supervision Division (Itwasda) of the East Nusa Tenggara Regional Police. This study employs a normative legal research method using statutory and conceptual approaches. Legal materials were obtained from relevant regulations, academic literature, and previous studies concerning police accountability, procedural justice, public participation, and digital governance. The findings reveal that Dumas Presisi functions not merely as a digital complaint platform but also as an oversight mechanism that facilitates investigation evaluation, prevents potential abuse of authority, improves institutional performance, and strengthens public participation in police supervision. This study demonstrates that digital complaint mechanisms can contribute to the development of a police oversight model that integrates legal accountability, community participation, and human rights protection. The effectiveness of this model depends on transparent complaint management, systematic follow-up procedures, and the utilization of public feedback as a basis for continuous institutional improvement.
Recriminalizing Blasphemy? Human Rights Anlysis of Religious Freedom Limits and Doctrinal Reform of Offense Law Rainrat Budi Prasetya; Z. Zainuddin; M. Mursyid
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2382

Abstract

This study examines the contemporary debate on the recriminalization of blasphemy through a human rights perspective, with particular emphasis on the limits of religious freedom and the doctrinal foundations of modern criminal law. The research aims to evaluate whether blasphemy can be justified as a legitimate criminal offense within the framework of international human rights norms and to propose a coherent doctrinal reform aligned with harm-based principles. Employing a normative legal research method, the study utilizes statutory and conceptual approaches by analyzing relevant legislation, international human rights instruments, and legal doctrines concerning freedom of religion and expression. The data are analyzed using a descriptive-prescriptive technique, which not only explains existing legal norms but also formulates normative recommendations. The findings reveal that blasphemy laws, as traditionally constructed, suffer from significant doctrinal deficiencies, particularly in relation to the principles of legality, necessity, and proportionality. These laws often rely on vague and subjective interpretations of offense, leading to inconsistent enforcement and potential violations of fundamental rights. The study further finds that the conflation of subjective religious offense with objective legal harm results in the overextension of criminal law and disproportionately severe sanctions. Consequently, blasphemy fails to meet the threshold of a legitimate criminal offense unless it is narrowly defined as conduct that incites violence, discrimination, or hostility. The study concludes by proposing a doctrinal reform that shifts the focus from protecting religious doctrines to safeguarding individuals, thereby ensuring a more balanced and rights-oriented legal framework.
Criminal Liability in Artificial Intelligence-Based Medical Malpractice: Normative Voids and Challenges of Modern Health Law Nirwan Afandy; Hasbuddin Khalid; Satrih Hasyim
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2383

Abstract

This study aims to examine the construction of criminal liability in cases of medical malpractice involving artificial intelligence and to identify the normative gaps within contemporary health law that hinder effective accountability. It further seeks to formulate a responsive legal framework capable of addressing the challenges posed by the integration of advanced technologies in medical practice. The research employs normative legal methodology using statute and conceptual approaches. The statute approach analyzes existing legal provisions governing healthcare and criminal liability, while the conceptual approach explores doctrinal principles such as fault, negligence, and responsibility in technologically mediated environments. Data are analyzed using a descriptive prescriptive method to both explain current legal conditions and propose normative solutions. The findings reveal that existing legal frameworks remain anthropocentric and are unable to adequately address the distributed nature of responsibility in AI mediated healthcare. The absence of explicit regulations on the use of artificial intelligence creates a normative vacuum, leading to uncertainty in attributing criminal liability among physicians, developers, and healthcare institutions. The study also finds that traditional doctrines such as mens rea and actus reus are increasingly difficult to apply in cases where decision making involves algorithmic systems. As a result, there is a need to reconceptualize criminal responsibility through more adaptive models, including shared responsibility and selective strict liability. This research concludes that legal reform is essential to ensure accountability, legal certainty, and patient protection in the era of digital healthcare. It proposes the development of integrated and forward looking legal frameworks that align technological innovation with fundamental principles of criminal law.
Legal Liability in Property Credit Agreements: Analysis of Default Risk and Debtor Protection from a Contractual Justice Perspective Fahri Adam; Z. Zainuddin; Ilham Abbas
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2384

Abstract

This study aims to analyze the construction of legal liability in property credit agreements, emphasizing the risk of default and debtor protection from a contractual justice perspective. The main focus of the study is directed at how the distribution of risk in credit agreements affects the assignment of legal liability, as well as the extent to which the principle of contractual justice is accommodated in banking practice. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed descriptively and prescriptively to identify legal problems and formulate equitable normative solutions. The results show that the construction of property credit agreements in Indonesia is still dominated by standard agreements that tend to place debtors in a weak position, resulting in disproportionate legal liability for default. The risk of default is not only caused by individual debtor factors, but also by information imbalances, creditor dominance in contract drafting, and the influence of macroeconomic factors. Furthermore, debtor protection mechanisms in practice are still limited, both in terms of contract substance and in the law enforcement process, particularly in the implementation of collateral execution. The findings of this study confirm the need for a reformulation of property credit agreements based on contractual equity, through increased transparency, more proportional risk distribution, and the development of more effective debtor protection mechanisms. Thus, legal accountability will no longer be an instrument that reinforces inequality, but rather a means to achieve balance and fairness in contractual relationships.
The Failure of State Oversight of Umrah Pilgrimage Organizers: An Analysis of Ministerial Accountability and Reformulation of the Regulatory Oversight Model Adam Hidayat; Z. Zainuddin; Abdul Qahar
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2385

Abstract

This study aims to analyze the failure of state oversight of Umrah pilgrimage organizers, emphasizing the accountability of the Ministry of Religious Affairs and the need for a more effective and equitable reformulation of the regulatory oversight model. The study focuses on how the existing supervisory structure has failed to prevent violations, and how these weaknesses impact the protection of pilgrims as users of religious services. This study uses a normative legal method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials, analyzed descriptively and prescriptively to identify legal problems and formulate normative solutions. The results indicate that the existing supervisory system is still administrative and formalistic, thus unable to reach the substantive aspects of Umrah implementation. This failure of supervision is characterized by a weak preventive function, delays in detecting violations, and suboptimal law enforcement. Furthermore, the ministry's accountability has not been optimal, as reflected in a lack of transparency, responsiveness, and limited public participation in the supervisory process. This condition indicates an imbalance between state authority and the effectiveness of its implementation. The findings of this study emphasize the need for a reformulation of the risk- and accountability-based oversight model, which integrates transparency, public participation, and the use of technology into the oversight system. This would ensure that oversight is not merely reactive but also capable of preventive and adaptive functions. This reform is expected to create a more effective oversight system, enhance ministry accountability, and provide optimal protection for the public.
Notaries’ Roles in Land Rights Transfers: Balancing Deed Formality with Substantive Legal Protection Responsibilities and Accountability Saiful Islam; La Ode Husen; Anggreany Arief
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2387

Abstract

This study examines the role and responsibility of notaries in the transfer of land rights, focusing on the tension between formal compliance in authentic deeds and the realization of substantive legal protection. The objective of this research is to critically analyze whether the current formalistic framework of notarial authority is sufficient to ensure legal certainty and justice, and to propose a reconceptualization of notarial duties that integrates both procedural and substantive dimensions. The research employs a normative legal method, utilizing statutory and conceptual approaches to analyze relevant legislation, legal doctrines, and scholarly perspectives concerning notarial functions and land law. Data are analyzed using a descriptive prescriptive technique to both explain existing legal norms and formulate normative recommendations. The findings reveal that the prevailing practice of notarial duties remains heavily oriented toward formal validity, often reducing the notary to a passive recorder of parties’ intentions. This formalistic approach, while ensuring procedural legality, has proven inadequate in preventing disputes arising from fraud, misrepresentation, and unequal bargaining power. The study identifies a significant gap between formal authenticity and substantive justice, particularly in land transactions that carry high economic and social consequences. This research finds that the concept of substantive authenticity offers a viable framework to bridge this gap, requiring notaries to exercise due diligence, ensure informed consent, and actively verify the material aspects of transactions. The study concludes that strengthening the notarial role through a more substantive approach is essential to enhance legal protection, prevent disputes, and uphold justice within the land law system.
Non-Performing Loans in Banking: Analyzing Risk Mitigation Failures and Reconstructing Legal Protection Frameworks Teguh Ikhrawansyah S; Hasbuddin Khalid; S. Salle
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2388

Abstract

This study aims to critically examine the persistence of non-performing loans within the banking system by analyzing the failures of credit risk mitigation and reconstructing the legal protection framework governing creditor–debtor relationships. The research departs from the assumption that credit default is not solely an economic phenomenon but also a legal and institutional problem rooted in regulatory fragmentation, weak enforcement mechanisms, and imbalanced contractual arrangements. To address this issue, the study employs a normative legal research method, utilizing statutory and conceptual approaches. The statutory approach is used to analyze relevant regulations on banking, contracts, and insolvency, while the conceptual approach explores legal doctrines related to risk mitigation, fairness, and legal protection. Data are analyzed using a descriptive-prescriptive technique, which not only explains the existing legal framework but also formulates normative recommendations for reform. The findings reveal that current risk mitigation practices are overly formalistic and heavily dependent on collateral, without sufficient consideration of debtor capacity and legal enforceability. At the same time, the legal framework demonstrates significant deficiencies, including contractual imbalance, fragmented regulations, and inefficient dispute resolution mechanisms, which collectively weaken both preventive and corrective responses to credit default. This study finds that the disconnection between risk management practices and legal protection frameworks exacerbates systemic vulnerabilities within the banking sector. Accordingly, this research proposes an integrated reconstruction of legal protection and credit risk mitigation, emphasizing balanced contractual standards, effective enforcement mechanisms, regulatory harmonization, and a justice-oriented legal framework. Such reconstruction is essential to ensure a more equitable, resilient, and sustainable banking system.
Fragmentation of Investment Regulations in Indonesia: An Analysis of Normative Disharmony and the Reform Agenda from an Investment Certainty Perspective Irwan Hasan; La Ode Husen; Abdul Qahar
Golden Ratio of Law and Social Policy Review Vol. 6 No. 1 (2026): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v6i1.2389

Abstract

This study aims to analyze the fragmentation of investment regulations in Indonesia, emphasizing the identification of forms of normative disharmony and formulating a regulatory reform agenda from an investment certainty perspective. The main focus of the study is to examine the extent to which the lack of synchronization between laws and regulations, both vertically and horizontally, impacts the effectiveness of the national investment legal system. The research method used is normative legal research with a library research approach and a systematic literature review, supported by a regulatory approach, a conceptual approach, and a comparative approach. Data analysis techniques are descriptive-prescriptive to outline legal issues and provide normative recommendations. The results show that regulatory fragmentation occurs due to the complexity of the multi-layered legal system, weak institutional coordination, and inconsistencies in norms across sectors and levels of government. This disharmony gives rise to normative conflicts, overlapping authorities, and unclear legal terminology, which have resulted in increased legal uncertainty, transaction costs, and investment risks. Furthermore, the regulatory reforms that have been implemented have not been fully effective due to obstacles in harmonization and implementation. The research findings confirm the need for comprehensive and integrated regulatory reform through legal harmonization, institutional strengthening, and optimization of technology-based licensing systems to create legal certainty and increase national investment competitiveness.

Page 13 of 14 | Total Record : 133

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