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Journal of Progressive Law and Legal Studies
Published by Riset Press International
ISSN : -     EISSN : 29869145     DOI : https://doi.org/10.59653/jplls
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Progressive Law and Legal Studies (JPLLS) is an online bi-annual journal with a summer and winter edition. The Journal emphasises creating an open-access platform to research around socio-legal topics and promoting interdisciplinary research entailing the detailed study of law with other disciplines in the contemporary era. JPLLS maintains a high standard of quality as the manuscripts received at the JPLLS go through a blind double peer review and a plagiarism check where only the content with a plagiarism rate of below 20% is selected for final publication. All academicians, research scholars, lawyers, and law students can submit original manuscripts of articles, book reviews, case comments, and legislative comments relating to a recent development in law and legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies" : 7 Documents clear
Digital Transformation and Business Competition Challenges Comparative Analysis of Antitrust Law Kartikawati, Dwi Ratna
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.877

Abstract

Digital transformation has changed the business competition paradigm by enabling the growth of the digital economic industry. However, this also creates new problems related to market domination by large companies and restrictions on access to platforms, making market penetration difficult for small and medium businesses. The antitrust legal framework in Indonesia needs to be strengthened to face the challenges of globalization and digital transformation. Implementation of Law Number 5 of 1999 still faces obstacles in dealing with monopolistic practices and abuse of dominant positions by large companies. Therefore, revisions or additions to more specific regulations are needed. Business competition in the digital economy is characterized by unequal access and abuse of market power by large technology companies, hindering innovation and creating injustice. Concrete steps are needed to improve the fairness of business competition, including increased regulation and more effective law enforcement. This research uses descriptive normative legal research methods to analyze the implementation of antitrust law in facing challenges arising from digital transformation. By focusing on the description and analysis of legal norms relating to business competition, this research explores how these norms are interpreted and applied in everyday legal practice. Antitrust law in Indonesia needs to be adapted to the realities of the digital economy to ensure optimal protection against business competition. This includes increasing the capacity of business competition supervisory institutions, expanding the scope of regulations to cover online platforms, and increasing sanctions for violators. Thus, it is hoped that this adjustment can provide more effective protection for small and medium businesses and encourage innovation in the digital economy sector.
Legaculturation: Turning Laws into a Culture Ghaleb, Belal Dahiam Saif
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.886

Abstract

The interaction between law and culture is fundamental to the functioning of any society. While laws are formal rules enforced by state institutions, culture encompasses the shared values, beliefs, and practices of a society.  In order to eliminate problems such as the conflict between law and culture, the pressure of law on culture, the society's behavior against the law, and similar problems, law must be adapted to the culture and existing laws must be made a culture of the society. This article explores the process of transforming legal norms into cultural ones, emphasizing the mechanisms through which laws are internalized and become an integral part of social behavior. By examining historical precedents, theoretical frameworks, and contemporary examples, the article demonstrates how legal norms can shape and be shaped by cultural norms, transcending their formal boundaries. More significantly, it illustrates how the state's promulgation, enforcement, and potential future enactment of laws can be rendered more palatable, acceptable, and culturally integrated to both the state and society. The article posits that as society embraces laws as part of its culture, not only will the state's expenditure on ensuring security decrease, but societal trust will also increase, reducing conflicts and insecurities in the application of laws. The article also, introduces the concept of Legaculturation and emphasizes the importance of turning (transforming) laws into a culture.  This comprehensive research provides a professional and detailed examination of the concept of Legaculturation by combining information from existing literature. Ultimately, the article assumes that society will thrive in welfare underpinned by a harmonious blend of legal and cultural norms.
Social Change in Baduy Society from the Perspective of Auguste Comte's Three Stages of Law Al Munawar, Faishal Agil
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1038

Abstract

The Baduy Tribe is a traditional community subgroup of the Sundanese ethnic group located in the Lebak Regency, Banten. One of Indonesia's cultural heritages, the Sunda Wiwitan religion, continues to thrive peacefully amidst dense ancient forests, river sources, and the peaks of Mount Kendeng in South Banten. Sunda Wiwitan is the religion of the Baduy people, which honors the spirits of ancestors (karuhun). It is not widely known that the Baduy Tribe has undergone significant religious changes, particularly towards Islam. This research is a normative study using a descriptive-qualitative approach aimed at analyzing the social changes of the Baduy tribe from the perspective of Auguste Comte's Three Stages of Law. The findings of this research indicate that the pattern of social and religious (intellectual) change in the Baduy Society is evolutionary, as the transformation occurs gradually through a continuous self-change process that takes considerable time, in accordance with Auguste Comte's Evolutionary Theory (Three Stages of Law).
Issuance of Building Approval (PBG) for Development on Land Affected by Street Plans in Surabaya City Fatmawati, Ida; Sesung, Rusdianto
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1062

Abstract

This research examines the issuance of Building Approval (PBG) for developments on land affected by road plans in Surabaya City, focusing on the legal consequences and status of such buildings. Employing a normative legal research methodology, the study scrutinizes relevant laws and regulations, including Surabaya Mayor Regulation Number 34 of 2023 and Government Regulation (PP) Number 16 of 2021. The findings reveal that buildings erected on government land without the required IMB or PBG are in violation of these regulations, which may result in their demolition and a lack of legal protection. The study highlights that unauthorized constructions disrupt urban planning and entail legal repercussions under the Job Creation Law, Article 29 Paragraph 1 point c. Buildings lacking IMB and PBG are subject to demolition as they are considered invalid without regional government authorization. The research emphasizes the necessity for rigorous supervision by the Mayor of Surabaya to ensure compliance. Additionally, it explores the broader significance of these permits as essential steps in converting urban spatial policies into operational frameworks, pivotal for road development and urban planning.
Omnibus Law: Effectiveness of Online Licensing and Law Enforcement of the Capture Fisheries Sector in Indonesia Muslim, Shohib; Chalim, Abdul; Prasetya, Aliya Afifah; Akbarina, Farida
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1082

Abstract

The government has carried out the task of simplifying several laws through the ratification of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 11 of 2020 regarding Job Creation. This initiative aims to encourage investment and increase employment opportunities. A number of articles of the old law have been amended or deleted by this regulation. One of the laws in question is Law Number 31 of 2004 concerning Fisheries. In addition, Law Number 45 of 2009 is an amendment to Law Number 31 of 2004. This study applies a normative legal research methodology, where this type of research refers to scientific investigations of legal issues by conducting research through library sources or data related to secondary license issued by the OSS Institution through an integrated electronic system. This research approach is characterized by consideration of the risk-based licensing process, not only based on licensing criteria. Apart from the main goal of increasing user convenience, individuals with limited educational levels, such as fishermen, may face challenges when trying to access the OSS system. The application and implementation of criminal law as the main legal remedy poses its own challenges. Therefore, the utilization of the criminal justice system as a means to eradicate fish theft is mainly used as a final remedy (ultimum remedium). While other sanctions, such as administrative sanctions and actions, are generally used as the main means of law enforcement.
Pretrial Determination of Suspects in Corruption Cases: A Critical Analysis of Judge Sarpin Rizaldi's Decision and Its Implications for Combating Corruption in Indonesia Sipayung, Baren; Wahyudi, Andi
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1084

Abstract

The pretrial decision in the BG case (No. 04/Pid.Prap/2015/PN.Jkt.Sel) represents a pivotal moment in Indonesian legal history, significantly impacting the landscape of pretrial mechanisms and the balance of power in law enforcement. This research delves into the implications of this landmark decision, examining its role in expanding the scope of pretrial authority to include the review of suspect designations, a move that has since been codified through amendments to the Criminal Procedure Code. The study further explores the decision's emphasis on upholding the presumption of innocence, a fundamental human right often overlooked in the pursuit of justice. Additionally, the research scrutinizes the decision's impact on the authority of the Corruption Eradication Commission, highlighting the need for a delicate balance between robust law enforcement and the protection of individual rights. By analyzing legal documents, scholarly literature, and the socio-political context surrounding the case, this research provides a comprehensive understanding of the decision's transformative effect on Indonesia's legal system and its broader implications for the fight against corruption.
Fiduciary: Financing Guarantees and Ownership in the Business Akbarina, Farida; Muslim, Shohib; Setiawan, Ikhsan; Khoirunnisa, Rizqi
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1122

Abstract

The concept of fiduciary is the transfer of material rights of an object based on trust, which often causes multiple interpretations. Ownership and control of a fiduciary guarantee object in various cases, it is not uncommon for disputes between creditors and debtors to occur in a fiduciary guarantee agreement because the creditor assumes that with the existence of executory rights as fiduciary recipients, the object of fiduciary guarantee is legally owned by the creditor so that the creditor has the right to take and sell the fiduciary guarantee object when the debtor defaults. Unilaterally, the debtor who considers that the object of the fiduciary guarantee is owned because the object is registered in his name so that the debtor can use the object freely, such as handing over to a third party or selling the object of the fiduciary guarantee unilaterally. The author employs normative legal research techniques. According to the study's findings, the debtor owns the Fiduciary Guarantee Object following the Law, and the debtor controls the collateral object for financial gain. A law should be made clearly and firmly to avoid conflicts between its articles. In the business world, a fiduciary is a security for the parties when funding is implemented. With this rights transfer, the fiduciary will have the power to make decisions while prioritizing other creditors.

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