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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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Cyber Law Policy Development: Indonesia's Response to International Cybercrime Threats Rusydi, Muhammad Taufik
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.v3i01.1365

Abstract

The rapid development of information technology has driven the growth of the digital economy but also increased the threat of cross-border cybercrime. In Indonesia, cyber law regulation still faces challenges, both in terms of legal substance, institutions, and implementation of law enforcement. This article aims to explore the strengthening of cyber law policy in Indonesia to face global challenges in cybercrime. This article identifies various weaknesses in existing policies using a juridical-normative research method and a descriptive-analytical approach. It recommends strengthening regulatory harmonization, increasing law enforcement capacity, and international collaboration. The results of the study indicate that Indonesia's cyber law framework needs to be updated to be more adaptive to technological developments and global threats. In addition, integrating national law and international policy is a major highlight in increasing the effectiveness of controlling cybercrime. This article makes an important contribution to the development of responsive and relevant cyber law in facing the challenges of the digital era.
Community Based Correction Method as Implementation of Assimilation Rights for Child Prisoners at the Gorontalo Special Children's Rehabilitation Institution Abdullah, Wahyu Muhaimin; Kasim, Ramdhan; Nurmala, Leni 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.v3i01.1406

Abstract

Problems related to children in conflict with the law impact the quality of children as the next generation and national assets. With the high number of children in conflict with the law, proper handling is also needed so that the judicial process for children does not violate the rights inherent in the child, which will negatively impact the child's growth and development process in the future. This study aims to determine how Community-Based Correction is an effort to implement the assimilation rights of child prisoners in Special Child Development Institutions. The research method used in this writing is empirical Juridical research. Legal research on implementing or implementing normative legal provisions in action in every specific legal event that occurs in society. The results of the discussion of this study show that the Special Child Development Institution has a very important role, namely in carrying out guidance for children in conflict with the law. This includes skills training, religious guidance, and intellectual, physical, and spiritual health. One of the guidance programs for prisoners is Community Based Corrections; prisoners are allowed to return to the community and remain under supervision by the Correctional Center. As in the example of external Assimilation, foster children are allowed to participate in skills training and other activities outside the LPKA. So that foster children can mingle with the community and do social work before their detention period ends.
Settlement of Customary Land Disputes Due to Overlapping Customary Land Releases in Skouw Sae Village Muara Tami District Jayapura City Tanati, Daniel; Rongalaha, Johan
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.v3i01.1418

Abstract

Land disputes in Skouw Sae Village, Muara Tami District, Jayapura City, still occur. The purpose of this study is to determine the process of resolving customary land disputes related to the release of overlapping customary land and to determine the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village, Muara Tami District, Jayapura City. The approach used in this study is the normative and empirical legal approach, which refers to laws, literature, written regulations, or other secondary legal materials and sees the reality that occurs in the field. The results of this study reveal that the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village is through deliberation led by the Customary Head or Customary Figure (Ondoafi), witnessed by the village head, local village head/sub-district head, then the disputing parties are brought together by bringing written evidence of a customary land release letter which is proof of ownership of the customary land. Meanwhile, the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land can be seen from two factors, namely internal factors and external factors, where the internal factor is because the disputing parties want to win on their own, each insists on defending their property, and the external factor is the interference of external parties which worsens the problems that occur on both sides.
Legal Study on the Rejection of Land Deed Officials Against Deeds of Sale and Purchase of Land Rights for the Community in Jayapura Regency Palenewen, James Yoseph; Manengkey, Victor Th.
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.v3i01.1419

Abstract

The rejection of Land Deed Officials against deeds of sale and purchase of land rights for the community in Jayapura Regency still often occurs today. This study aims to determine the application of Article 39 paragraph (1) of Government Regulation Number 24 of 1997 and determine the factors that cause Land Deed Officials to refuse to make deeds of sale and purchase for the community in Jayapura Regency. The method used in this study is normative and empirical juridical, which refers to laws, literature, written regulations, or other secondary legal materials and identifies and conceptualizes law as a fundamental social institution in a real-life system. The results of this study reveal that the implementation of Article 39 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration has been carried out adequately based on applicable laws and regulations, not all candidates who want to make a deed of sale and purchase are accepted by the Land Deed Making Officer because the PPAT checks the truth first, both physically and legally, whether or not the files brought by the parties are correct so as not to violate applicable laws and regulations and prevent disputes from occurring in the future. Meanwhile, the factors that cause PPATs to refuse to make deeds of sale and purchase for the community in Jayapura Regency are still based on the applicable laws and regulations, especially in Article 39 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, namely, among other things, the parties who wish to carry out a sale and purchase transaction before the PPAT do not submit the original Certificate of land rights or sometimes the Certificate submitted does not match the lists at the Land Office, regarding land plots that have not been registered, they are not given proof of rights as referred to in Article 24 paragraph (1) of PP 24/1997 or a statement from the Village/Sub-district Head stating that the person concerned controls the land plot.
Legal Analysis of Transfer of Land Ownership Rights Based on Court Decisions at the Jayapura City Land Office Rongalaha, Johan; Palenewen, James Yoseph
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.v3i01.1420

Abstract

Transferring land ownership rights based on court decisions is significant so that the parties have a clear legal status and can guarantee legal certainty. This study aims to determine the process of transferring land ownership rights based on court decisions and the obstacles faced in transferring land ownership rights based on court decisions at the Jayapura City Land Office. The method used in this study is normative and empirical; normative juridical is an approach that refers to laws, literature, and written regulations and sees the reality that occurs in the field. The results of this study reveal that the process of transferring land ownership rights based on court decisions at the Jayapura City Land Office still relies on applicable laws and regulations, including the provisions of Government Regulation Number 24 of 1997 concerning Land Registration, PMNA/KBPN Number 3 of 1997 concerning Provisions for Implementing PP Number 24 of 1997, Changes in Rights based on Court Decisions Government Regulation No. 24 of 1997 Article 55 and Law Number 4 of 2004 concerning Judicial Power. Meanwhile, the obstacles faced in the process of transferring land ownership rights based on court decisions at the Jayapura City Land Office are the lack of completeness of files from the Applicant, who is forced by the counter officer who checks and finds the files are lacking and then returns them to the Applicant. The Applicant also complains about the high cost of paying BPHTB at the Jayapura City Regional Revenue Office, in addition to the lack of public knowledge in the process and flow of administration at the Land Office, where the online checking process must be carried out first by a Notary/PPAT.
Indonesia's Violence against Children: The Challenges of Using the Best Interest Principle in Court Decisions Sholehudin, Miftahus; Maharani, Syaputri
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.v3i01.1443

Abstract

Incest cases in Indonesia remain a concerning issue that demands serious attention from various stakeholders. This study is motivated by legal challenges regarding the protection of incest victims, particularly with the application of the best interest of the child principle. In practice, however, cases of violence against children are often not addressed with an approach that prioritizes the best interest of the child. This research focuses on analyzing Verdict No. 148/Pid.Sus/2023/PN.BLN aims to identify the extent to which judicial considerations in resolving this case have either disregarded or adhered to the best interest of the child principle. The research adopts a normative legal method involving analysis, observation, and examination of written legal materials. In normative legal research, the focus lies on applying existing laws as a guiding framework within societal life, determining what is considered appropriate. This study employs a case-based approach by analyzing primary and secondary legal materials, including legislation, court decisions, and relevant legal literature. Data were collected through a literature review and analyzed deductively to address the research questions. The findings indicate that in Verdict No. 148/Pid.Sus/2023/PN.BLN, the judges have not fully prioritized the best interest of the child principal. Although efforts were made to protect children who are victims of incest, several critical aspects were not adequately considered. This highlights the need to enhance judges' awareness and understanding of the importance of the best interest of the child principle in every decision involving victims of violence, particularly in cases of incest.
Decentralization and Strengthening of Districts in Papua: Analysis in the Perspective of Constitutional Law Bauw, Lily
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.v3i01.1493

Abstract

This study aims to analyze the weaknesses of district authority in implementing Papua Special Autonomy and its impact on the implementation of government and public services and examine the obstacles in implementing decentralization in Papua, especially related to the position and authority of the district. The research method used in this study is the normative legal research method using a statutory, conceptual, and comparative approach. The results of this study reveal that district authority in implementing the Papua Special Autonomy policy has a crucial role in bringing public services closer to the community and increasing the effectiveness of local government administration. Based on Law Number 2 of 2021 and its derivative regulations (PP Number 106 of 2021 and PP Number 107 of 2021), districts have a strategic role in development planning, regional financial management, and local wisdom-based governance. Meanwhile, the obstacles in implementing Special Autonomy at the district level in Papua reflect broader challenges in the decentralization system and regional governance. Based on an analysis of Law Number 2 of 2021, PP Number 106 of 2021, and PP Number 107 of 2021, the main obstacles faced in the implementation of Special Autonomy in the district include: limited capacity of district officials, less than optimal financial management, weak coordination between institutions, and low community participation in the governance process.
Application of Customary Law in the Indonesian Criminal Law Framework after the Enactment of Law Number 1 of 2023 concerning the Criminal Code Riyanto, Riyanto; Waluyo, Bambang; Harefa, Beniharmoni
Journal of Progressive Law and Legal Studies Том 3 № 02 (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.v3i02.1540

Abstract

Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (New Criminal Code) was finally passed as a substitute for the old Criminal Code or Law Number 1 of 1946 concerning Criminal Law Regulations; in the new Criminal Code, several articles have received pros and cons in the community, one of which is related to the inclusion of articles on laws that live in society (Customary Law). The purpose of this study is to examine and analyze carefully the role of customary Law in the specifics of criminal Law after its inclusion in the new Criminal Code so that we can find out about its position as a law that was once known as unwritten Law into written Law. The legal research method used is normative juridical legal research, which is conducted on library materials using the statute, conceptual, case, and historical approaches. The results of the research that the author has obtained that the Law that lives in the community (Customary Law) in the specific criminal Law in the new Criminal Code will be made a Government Regulation (PP) as the implementation of the regulation so that it can be used as a guideline for the Regional Government in making Regional Regulations (PERDA) on the Law that lives in the community (Customary Law) and researchers also provide the concept of applying the Law that lives in the community (Customary Law) with the approach of the principle of restorative justice for law enforcement officials in carrying out their duties as representatives of the state related to the process of enforcing customary criminal Law.
Financial Management of Public Service Bodies in State Universities: Juridical Analysis of Fees for the Development of Independent Path New Student Institutions Arazid, Arazid; Sugiyono, Heru; Thohari, Ahmad Ahsin
Journal of Progressive Law and Legal Studies Том 3 № 02 (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.v3i02.1569

Abstract

This study investigates the financial management of Public Service Agencies (BLU) within Indonesian state universities, focusing on the unauthorized imposition of institutional development fees (SPI/IPI) on independent pathway students at Udayana University, resulting in significant State financial losses. Employing a normative juridical methodology, the research analyzes regulatory frameworks, institutional accountability, and the legal implications of fee structures that contravene Ministry of Finance regulations (PMK No. 51/2015 and PMK No. 95/2020). Findings reveal systemic non-compliance in fee determination, where SPI/IPI charges were applied without legal authorization, bypassing mandated tariff protocols. The study identifies critical lapses in oversight, including the rector's failure to align fee policies with national financial regulations and the misuse of BLU flexibility, which enabled the diversion of funds into non-transparent banking practices. The case underscores the vulnerability of BLU's financial autonomy to mismanagement and corruption, particularly in the absence of robust accountability mechanisms. Recommendations emphasize the urgent need for legal reforms to enhance transparency, strengthen auditing processes, and clarify punitive measures for violations. This research contributes to the discourse on public financial governance in higher education, advocating for institutional reforms to prevent future fiscal mismanagement and uphold the integrity of State’s resources.
The Ius Constituendum of an Equitable Dispute Resolution Mechanism for Constitutional Complaints Kristian, Kristian; Mujhad, M. Hadin; Murhaini, Suriansyah; Buana, Mirza Satria
Journal of Progressive Law and Legal Studies Том 3 № 02 (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.v3i02.1658

Abstract

The settlement of constitutional complaint disputes represents a legal mechanism that may be undertaken by a branch of judicial power, such as the Constitutional Court (Mahkamah Konstitusi). This mechanism is intended to ensure the upholding of the law and the protection of citizens' constitutional rights. This mechanism has long been implemented in several countries—such as South Korea, Germany, and Thailand. However, in Indonesia, no legal framework currently governs constitutional complaints. The absence of such regulation has resulted in the lack of a legal mechanism for resolving cases involving violations of constitutional rights. This article examines two key aspects: first, the theory and practice of constitutional complaint dispute resolution, and second, the ius constituendum regarding constitutional complaint resolution in Indonesia. The study highlights the necessity of comprehensive regulation to ensure legal certainty and justice within the Indonesian legal system. The research adopts a normative juridical method, using statutory, case-based, conceptual, and comparative approaches.

Page 6 of 8 | Total Record : 73

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