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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 73 Documents
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Supervision of Fishery Resources through Integrated Technology Ramlan, Ramlan; Riza, Faisal
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.646

Abstract

Fisheries crimes damage ecosystems and fisheries resources in waters or sea areas. Although various efforts have been made to stop criminal acts in the fisheries sector, fisheries supervision is still carried out. Therefore, policies and implementation systems for monitoring criminal acts in the fisheries sector must be considered because the public, apart from authorized supervisory officers, can supervise fisheries. This research focuses on determining policies and implementation of supervision that uses integrated technology. The normative legal research methods used are the statutory and concept approaches. Researchers also collect data and conduct studies through qualitative analysis. Law Number 45 of 2009, concerning Amendments to Law Number 31 of 2004 concerning Fisheries, is the basis for supervision. Another law included in supervision is Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands. According to this research analysis, integrated technology for fisheries monitoring is new and needs to be taken seriously by various legislative policies.
Legal Protection for Carriers of Keris as Cultural Heritage Objects for the Development of Keris Cultural Progress: Analysis of Decision Number 94/pid.sus/2013/PN.Smp Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.686

Abstract

Sumenep is now beginning to reveal its identity to the people of Indonesia, with its new motto "Sumenep City of Keris." This motto is being introduced to the public to introduce the culture of the city. However, it is regrettable that the opportunity for the keris industry in Sumenep Regency cannot contribute positively to the economic welfare of the population there, due to the lack of support from the Sumenep Regency Government in making policies, which is still insufficient. The sensitivity of local governments is currently being tested, especially with the existence of Emergency Law Number 12 of 1951 in Indonesia. After Sumenep City declared itself a city of keris, it is feared that many people will need legal protection if they want to carry heirloom items such as keris in the future. Researchers consider this emergency law to be outdated or obsolete because it no longer fits the current situation and conditions.
Urgency of Legal Protection for Religious Scholars in Articles on Blasphemy from the Perspectives of Criminology and Victimology Fithry, Abshoril; Sjaifurrachman, Sjaifurrachman
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.687

Abstract

The urgency lies in the ambiguous definition, which allows this article to be interpreted in various ways and potentially forces anyone into the realm of criminal law. This is found in Article 156a, which states that anyone who deliberately expresses sentiments or performs acts essentially hostile, abusive, or blasphemous against a religion practiced in Indonesia shall be punished with imprisonment for a maximum of 5 years in public. The phrase "in public" is the subject of debate and could render the article ambiguous, allowing it to be used to target anyone desired to fulfill the criteria. The purpose of this research is to prevent the continued use of this ambiguous article for personal or group interests, and to stop the criminalization of speakers using this provision.
Implementation of the Small Fishers Empowerment Policy in Tikke Village, Tikke Raya District, Pasangkayu Regency Rasul, Aras; Rivai, Abdul; Suasa, Suasa
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.703

Abstract

Fishermen still want to live in poverty because of their own desire to experience life itself. Formulation of the problem in the journal How to Implement the Empowerment Policy for Small Fishermen in Tikke Village, Tikke Raya District, research benefits, theoretical benefits and practical benefits. The type of research used in the research is qualitative research. The results of this research are that policy implementation is a crucial stage in the public policy process. . A policy or program must be implemented to have the desired impact or goal. Policy implementation is seen in a broad sense as a public administration tool where actors, organizations, procedures, related parties and resources are organized together to carry out policies to achieve the desired impact or goal. The conclusion of this research is that based on the research results, it can be concluded that the implementation of the Small Fishers Empowerment Policy in Tikke Village, Tikke Raya District, Pasangkayu Regency was found. This did not work well because 4 aspects, namely Communication, Resources, Disposition and Bureaucratic Structure, were used as tools in Edward III's theory. So it can be concluded that the policy has not worked optimally as expected. Therefore, it is necessary to improve fishing equipment such as rumpong.
Implementation of Regional Asset Management Policies at Office of Theduripoku District in Pasangkayu Regency Safri, Safri; Hasbullah, Hasbullah; Suasa, Suasa
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.705

Abstract

The results of the research the implementation of asset management policies at the Duripoku District Office, Pasangakyu Regency is quite good but there is still something lacking namely the implementation of Regional Asset Management policies at the Duripoku District Office, Pasangkayu Regency, from the aspect of the organizational structure, it is running well, this is proven by the existing implantation, seen from the inventory of goods which is also carried out by data collection and labeling, from the resource aspect, the implementation of the Regional asset management policy at the Duripoku District Office, Pasangkayu Regency, is considered to be still lacking or not yet implemented optimally. This is indicated by the absence of trained personal in terms of ability or competency possessed by property managers, in addition to that, financial resources or budgets are considered to still be insufficient to support this implementation as well as inadequate facilities and infrastructure, from the aspect of communication, implementation of regional asset management policies in Duripoku District Office Pasangkayu Regency, is considered to have been implemented or implemented and conveyed rather via Whatsapp or other media to all stakeholders involved through socialization and coordination, so that the delivery of this asset management policy is carried out clearly regarding the entire process of regional property assets, stratifying from controlling goods, inventory assessment, utilization, regional property, transfer, administration and even securing regional property, as well as the delivery of this policy is always carried out consistently with the relevant stakeholders, in this case it is intended that the implementation of this rule can be carried out properly as it should.
A New Mode of MSME Empowerment Creating a Strong Indonesian Economy (Perspective on Business Competition Law) Asmah, Asmah; Rompegading, Melantik
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.710

Abstract

Indonesia is included in the category of world economic power in terms of increasing micro, small and medium enterprises (MSMEs), which amount to 19 million. The business competition law in Indonesia in Law No. 5 of 1999 and the Business Competition Supervisory Commission (KPPU) can make MSMEs an important sector in the Indonesian economy through this institution. MSMEs that carry out business or partner with investors or large businesses reduce unfair business competition that can benefit both parties. However, along with the development of technology and people's habits, business actors, especially the MSME sector, are doing various activities to increase turnover by carrying out various business strategies so that their business can continue. Law No. 20 of 2008 concerning Micro, Small, and Medium Enterprises regulates MSMEs' activities, hoping that MSMEs can realize Indonesia as a world economic power with an empowerment model from upstream to downstream and can be easily recognized and accessed quickly. The research method used is descriptive normative legal research. As a result, the new model of the compass network in empowering MSMEs by accelerating the network, roadmap mode, and images can increase MSME production and be free from the influence of an uncertain economic situation.
Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits Harahap, Muhammad Rafandi; Tanjung, Andry Syafrial
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.844

Abstract

The implementation of Progressive Law Enforcement is motivated by the desire to avoid negative effects on the ineffectiveness of the criminal justice system in accommodating criminal cases so that the law enforcement process does not continue through the courts. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to find out the philosophical basis of Progressive Law in providing legal certainty and legal benefits and the application of Progressive Law by the National Police in increasing the resolution of criminal cases. Based on the research and discussion results, a picture is obtained that law is the rules and guidelines that regulate life in society to create peace and order. Progressive legal ideas occupy a separate legal position. Various groups in handling legal cases, especially in the country, emphasize the preposition of Progressive Legal theory. Especially emphasizing the element of benefit in the form of human peace in society, nation, and state, the implementation of progressive law as an effort to improve the resolution of criminal cases requires that police investigators be able to carry out their duties and authority professionally, accountably and morally so that progressive law enforcement can be in line with legal objectives. It provides legal certainty, legal benefits, and a sense of justice.
Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective Sembiring, Ferdinand; Saragih, Yasmirah Mandasari
Journal of Progressive Law and Legal Studies Том 2 № 02 (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.v2i02.845

Abstract

Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.
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.

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