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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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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.
Analysis of Journalist Criminal Case Settlement from the Perspective of Progressive Legal Theory Susanto, Joko; Pelupessy, Henry; Irawan, Irawan; Rian, Rinanda Asrian Ilmanta; Zen, Muhammad Alfin Aufillah
Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): 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.v3i01.1215

Abstract

This study aims to analyze the settlement of journalist criminal cases from a progressive legal perspective. The approach used is a literature study and analysis of related legal documents. This study identifies factors influencing the settlement of journalist criminal cases, including implementing progressive legal principles. From the results of the analysis, it was found that the application of progressive law can positively contribute to efforts to resolve journalist criminal cases more fairly and proportionally. The methodology that can be used includes data collection from various reliable sources, comprehensive analysis of relevant legal documents, and interviews with various related parties to obtain diverse perspectives. This study is expected to contribute to developing progressive legal theory and practice in resolving criminal cases for journalists in Indonesia.
Criminal Law Politics on the Granting of Remissions to Prisoners: Research on Class IIA Prison of Binjai Nasution, Sudarno Hariadi; Ismaidar, Ismaidar; Sembiring, Tamaulina Br.
Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): 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.v3i01.1284

Abstract

Law is a set of rules and principles that regulate social interaction in society, aim to maintain order, and include various institutions and processes for implementing rules as a reality in society. The research was conducted in Binjai City at the Class II A Binjai Correctional Institution (Prison) Office. This research uses an empirical legal approach method, and data obtained in the field are presented descriptively using an empirical normative approach method. This study aims to determine the criminal law policy on granting Remission to inmates at Class II A Binjai Penitentiary and the obstacles faced in granting Remission to inmates at Class II A Binjai Penitentiary. Based on the results of the study, the author obtained that the fulfilment of the right to reduce the sentence (Remission) is based on existing laws and regulations, but to provide the fulfilment of rights (Remission) still requires improvements such as explaining to inmates (prisoners) about the requirements for obtaining Remission, as well as the obstacles faced by inmates (prisoners) in obtaining Remission, one of the factors is from the inmates themselves because the requirements for obtaining Remission are to behave well and be able to create a conducive environment.
Harmonization of Derivative Legislative Products Post-Constitutional Court Decision Lubis, Arief Fahmi
Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): 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.v3i01.1310

Abstract

A ruling by the Constitutional Court constitutes a judicial product, necessitating harmonization and synchronization between the Constitutional Court's decisions and subordinate regulations. This process is essential for the legislative body to ensure legal coherence. This study aims to demonstrate that insufficient communication between institutions may impede the timely alignment and harmonization of laws amended by the Constitutional Court with regulations beneath the statutory level, thereby creating conflicts among legal provisions. This qualitative research employs a descriptive approach to systematically and factually collect data, reflecting the situation during the study. The findings underscore the critical need to harmonize derivative legal products after Constitutional Court rulings.
Anti-SLAPP Policy Conceptualization as a Strategic Effort to Protect Indigenous Peoples' Environmental Rights from Judicial Harassment Jumantoro, Tegar Raffi Putra; Novemyanto, Alfin Dwi
Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): 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.v3i01.1312

Abstract

Human Rights regulation has been implemented in several positive laws of international countries, including Indonesia. All citizens are entitled to equal rights and status through human rights, and the state, including indigenous peoples, must guarantee their fulfillment. The guarantee of protection for the rights of indigenous peoples has been regulated by law. However, its implementation has not been fully realized. This statement is evidenced by findings of field conflict records and instances of judicial harassment between indigenous communities and environmental management companies. The government subsequently introduced the Anti-SLAPP policy to allow vulnerable groups to present proposals, criticisms, and ideas in their fight for social justice and fulfilling their environmental rights. Addressing these issues, this research aims to analyze the relationship between the fulfillment of indigenous peoples' rights to the environment and instances of judicial harassment, evaluate the conceptualization of Anti-SLAPP principles within Indonesia's positive legal framework, and examine the implementation of Anti-SLAPP principles in various international countries. This normative juridical study is conducted using legislative, conceptual, and comparative approaches, and it utilizes secondary data from primary and secondary legal materials to analyze legal issues related to anti-SLAPP. Through various legal approaches and theories, the findings of this research reveal several weaknesses in Indonesia's Anti-SLAPP policy. The researcher provides recommendations, including a comprehensive study on the need for a specific Anti-SLAPP law and the necessity for law enforcement officers to prioritize persuasive and non-repressive efforts, ensuring transparency in the environmental management permitting process.
U.S. Foreign Policy in the Middle East: Strategic Goals, Oil Interests, and the Promotion of Democracy Zazai, Abuzar Khpalwak; Jamili, Fawad
Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): 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.v3i01.1330

Abstract

This research explores the historical and contemporary role of U.S. intervention in the Middle East, with a particular focus on oil interests, political strategies, and regional stability. The study examines key agreements like the "fifty-fifty" profit-sharing deal in Saudi Arabia and the broader implications of U.S. involvement in Gulf politics. The strategic importance of oil to U.S. national security is a central theme, illustrating how energy concerns have shaped U.S. foreign policy in the region. A significant portion of the research delves into the tension between promoting democracy and securing U.S. strategic interests, highlighting the challenges faced in balancing these often conflicting goals. Methodologically, the research utilizes both quantitative and qualitative approaches, drawing on historical documents, diplomatic records, and contemporary analyses. The findings suggest that while the U.S. has made efforts to foster democratic reforms in the region, its interventions—such as the Iraq invasion—have often resulted in instability, sectarian violence, and the resurgence of authoritarian regimes. The research argues that the U.S. has maintained a strong presence in the Middle East primarily to safeguard its economic and security interests, understanding that the region is vital to both its energy supply and broader geopolitical strategy. The conclusion underscores that U.S. involvement in the Middle East will likely continue in the future, driven by the desire to secure energy resources, maintain regional influence, and counter rivals like Iran, China, and Russia. The research suggests that while U.S. efforts to promote democracy have been largely unsuccessful, its strategic interests will remain dominant in shaping its regional policies.

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