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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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Implementing Law Enforcement to Corporate Social Responsibility (CSR) Violations by Companies Agustin, Nely; Sulaksono, Agam; Romadhon, Ahmad Heru
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.v3i02.1715

Abstract

All parties, both government and non-governmental, such as company multinational and non-governmental organizations, must work together to realize this global agenda, reach SDGs goals and targets, and implement sustainable development. The company focuses on sustainable development issues Because of Regulation Presidential Decree No. 59 of 2017 concerning the Implementation Achievement of Sustainable Development Goals. Following Constitution Number 40 of 2007 concerning Limited Liability Companies, liability answer social (CSR) is an obligation company to society. In this matter, the government is expected to keep driving the business world to implement CSR correctly, appropriately, and appropriately with purpose. Using data collection analysis and qualitative research, this paper aims to explain how the company implements CSR and how CSR violations cause punishment to the company. This research shows that the company must not quite adequately answer social (CSR) questions in the right way to the needs of society. In implementing activity responsibility, the company will get a consequence law in the form of sanctions if every regulation implementation of TJSL is violated. The provision of sanctions is under legislation that has been determined so that the company can comply with obligations that should be done to improve the public's welfare.
Implications Status of Special Capital Region Nusantara (IKN) on State Financial System Wardhani, Nurwidya Kusma; Syahuri , Taufiqurrohman; Wijaya, Mas Pungky Hendra Wijaya
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.v3i02.1720

Abstract

The relocation of the national capital from Jakarta to East Kalimantan has changed many sectors. Both in the government sector, social sector, and economic sector. This is done as a form of equalization of various sectors which have only been centered in the Java Island region. The equalization to the eastern region of Indonesia allows sustainable development to be carried out to the eastern region of Indonesia, which has been considered underdeveloped compared to the western region of Indonesia. Law No. 3 of 2022 and Law No. 17 of 2003 will be associated with the determination of the special regional government status of the National Capital. The author wants to analyze how the implications of the special regional government status in IKN with the state financial system are certainly associated with Law (UU) Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning the National Capital. The normative juridical research method will be studied with a statutory approach, comparative approach and conceptual approach. The results of this study will have an impact on the relationship between the establishment of a special regional government and the state financial system that should be owned by the State Capital in the future. And can be a guideline for running good finance in eastern Indonesia.
Legal Review of States Financial Assistance for Political Parties According Democracy Perspective Lewerissa, Samuel Suiq; Syahuri, Taufiqqrohman Syahuri; Triadi, Irwan
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.v3i02.1721

Abstract

The financial sources of political parties as stated in Article 34 paragraph (1) of Law Number 2 of 2011 concerning Political Parties are, membership fees, legally valid donations and financial assistance from the state. Financial assistance from the state through the State Budget/Regional Budget. Assistance from the state based on Article 34 paragraph (3) is given only to political parties that get seats in the legislative institution. This study aims to analyze financial assistance from the state to political parties in accordance with the principles of ideal democracy. With a normative legal approach, this study found that although regulations have regulated financial assistance to political parties, this assistance is only given to political parties that get seats in the legislative institution. Therefore, in order to realize an ideal democracy, financial assistance from the state should also be given to political parties that do not get seats in the legislative institution but participate in the general election contest, because all political parties have the same rights, obligations and functions without exception, as mandated in the laws and regulations. With this step, it is hoped that a democratic system will be realized for each political party.
Risk-Based Business Licensing According Perspective of Investment Certainty in Indonesia Mirozul, Aldy; Wati, Diani Sadia; Meliala, Aurora Jelinia
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.v3i02.1723

Abstract

In order to improve the investment ecosystem and business activities to create jobs, the Government has enacted Law Number 11 of 2020 concerning Job Creation, regulating the simplification of business licensing through the implementation of Risk-Based Business Licensing using standard methods based on risk levels as stated in Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing, the licensing transformation aims to provide legal certainty for foreign investors in investing in Indonesia. This study will examine the implementation of risk-based business licensing based on Government Regulation Number 5 of 2021 using Normative Legal Research or library research, with a statute approach, conceptual approach and historical approach to examine existing legal problems. The results of this study show that the change in business licensing to risk-based business licensing that integrates the authority and licensing issuance process in the OSS system still has problems starting from the implementation of authority and the issuance process of basic requirements, business licensing, supporting business licensing and risk classification based on sector. With these problems still existing, it can create legal certainty for investors to invest in Indonesia so that it is necessary to amend Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing.
Role of Administrative Court to Resolve Administrative Disputes in Indonesia: A Systematic Review Saputro, Adi; Kurniawan Suriana, Ricky; Hutasoit, Erwin; Tay, Sherly; Setiawan, Budi
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.v3i02.1748

Abstract

This study examines the role of the Administrative Court (Pengadilan Tata Usaha Negara - PTUN) in resolving administrative disputes in Indonesia through a systematic literature review approach. As a crucial pillar within the Indonesian judicial system, PTUN plays a strategic function in maintaining the balance of power between the government and its citizens through independent judicial control mechanisms. This research analyzes the effectiveness of PTUN in providing legal protection for citizens' rights against arbitrary administrative actions and evaluates the implementation of general principles of good governance in administrative judicial practice. The findings indicate that PTUN has significantly contributed to upholding the principles of the rule of law and promoting accountable governance, despite facing several challenges in its implementation. These challenges encompass structural aspects including limitations in human resources and infrastructure, procedural challenges related to the complexity of procedural law, and substantial challenges regarding consistency in legal interpretation and judgment execution. Comparative analysis with international administrative court systems provides valuable insights into best practices that can be adapted within the Indonesian context. This study recommends strengthening institutional capacity through human resource development and infrastructure modernization, simplifying procedural mechanisms, harmonizing legal interpretation, and enhancing public accessibility to administrative judicial services to optimize PTUN's role in strengthening the rule of law in Indonesia.
Monitoring and Review of Regional Regulations in Indonesia that Ensure Legal Certainty Mulyawan, Agus; Faishal, Achmad; Suprapto, Suprapto; Saprudin, Saprudin
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.v3i02.1754

Abstract

This research aims to analyze the monitoring and review of regional regulations to ensure the relevance, effectiveness, and harmonization of local legal products with the needs of the community and the prevailing legal hierarchy. The absence of clear provisions regarding the mechanisms for monitoring and reviewing in Law No. 12 of 2011 concerning the Formation of Laws and Regulations hinders the realization of a harmonious and consistent legal system. This study employs a normative legal approach, analyzing theories of legal certainty, utility, legal systems, and legisprudence. The findings indicate that Law No. 12 of 2011 on the Formation of Laws and Regulations, as amended by Law No. 15 of 2019 and Law No. 13 of 2022, only regulates the monitoring and review of statutes (laws), without encompassing subordinate regulations, including Regional Regulations (Perda). The study reveals a legal vacuum regarding the mechanisms for monitoring and reviewing Perda, which leads to ambiguities in authority, procedures, and the implementation of evaluations across different levels of government. Consequently, the process is often conducted subjectively, without a uniform and systematic legal reference. To establish a regulatory model for the monitoring and review of Perda that ensures legal certainty, an integrated approach is required—one that combines normative juridical, evaluative-participatory, and data-based methodologies. In this context, three applicable models are identified: (1) a model that adopts the existing monitoring mechanism for statutes; (2) the Regulatory Impact Analysis (RIA) model; and (3) the ROCCIPI analysis model (Rule, Opportunity, Capacity, Communication, Interest, Process, and Ideology). Furthermore, the selective review approach within the Sunset Clause model may be integrated into both the RIA and ROCCIPI frameworks to strengthen the effectiveness of periodic and systematic evaluations of Perda.
Political Exclusion and Disenfranchisement in the Electoral Systems of India and Israel under International Human Rights Standards Rahmadani, Firdausi Nuzula; Jumantoro, Tegar Raffi Putra
Journal of Progressive Law and Legal Studies Том 3 № 03 (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.v3i03.1816

Abstract

This study investigates the institutionalization of political exclusion and electoral disenfranchisement in India and Israel, two states that claim adherence to democratic norms while systematically excluding specific populations from political participation. Drawing on a normative legal approach, this paper analyzes how domestic legislation, particularly India's Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), as well as Israel's Nation-State Law, creates legal frameworks that contradict international human rights standards. Using statute, conceptual, and comparative approaches, the research evaluates the extent to which these legal instruments undermine the principles of universal suffrage and non-discrimination as outlined in the ICCPR and UDHR. The findings reveal that both states employ legalistic mechanisms, whether through administrative verification processes or territorial segmentation, to disenfranchise ethnic and religious minorities under the guise of lawful governance. This practice not only erodes the integrity of electoral democracy but also highlights a legitimacy gap between national legal systems and international normative expectations. The study emphasizes the urgency of confronting “authoritarian legalism” in democratic regimes, which often escape international accountability. Although limited by its reliance on secondary data and absence of empirical fieldwork, this paper contributes to the global discourse on electoral justice by exposing how law can be weaponized to suppress political inclusion. Future research should explore the lived impacts of disenfranchisement and assess how international bodies can strengthen enforcement of electoral rights. Ultimately, genuine democracy cannot exist where the right to vote is selectively granted, and legal systems are used to sustain structural exclusion.
An Analysis of Judicial Considerations of the Capitalist Economy in the Tom Lembong Case Saputra, M. Reza; Hilyatunisa, Nabila
Journal of Progressive Law and Legal Studies Том 3 № 03 (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.v3i03.1852

Abstract

This study examines the intersection of economic ideology and criminal adjudication in the sugar-import licensing case of former Indonesian Trade Minister Thomas Trikasih Lembong. In July 2025, the Jakarta Corruption Court convicted Lembong for alleged corruption in sugar import permits, citing his prioritisation of market-oriented policies referred to as a “capitalist economic approach” as an aggravating factor. Subsequently, President Prabowo Subianto granted Lembong presidential abolition, terminating all legal proceedings and restoring his reputation. Employing a qualitative, document-analytical methodology, this research systematically reviews judicial opinions, ministerial decrees, and expert commentary to assess (1) the extent to which neoliberal ideology influenced the court’s reasoning; (2) the legality of treating economic policy choices as criminal conduct; and (3) the broader ramifications for Indonesia’s Democratic Economic System. Critical discourse analysis reveals that the court’s invocation of capitalism as a quasi-legal standard lacks constitutional or statutory basis and undermines the mens rea requirement central to criminal law. Key informants including former Coordinating Minister Mahfud MD and public commentator Ferry contend that ideological characterisations are non-justiciable absent clear legislative prohibition. The verdict risks engendering policy paralysis by conflating administrative discretion with criminal liability, thereby deterring innovative market reforms and eroding investor confidence. Despite the remedial effect of presidential abolition, the precedent endures within judicial discourse, posing systemic challenges to policy transparency and regulatory predictability. The study concludes with recommendations for judicial restraint and legislative clarification to delineate policy critique from criminal prosecution, safeguarding institutional integrity and enabling adaptive economic governance in an evolving global environment.
Effectiveness of Legal Supervision by the Malang City Communication and Information Office on Phishing: A Perspective of the ITE Law and Maqāṣid al-Sharīʿah Al Munawar, Faishal Agil; Zahro, Maulida
Journal of Progressive Law and Legal Studies Том 3 № 03 (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.v3i03.1858

Abstract

Phishing refers to online fraud activities that deceive victims into disclosing their data, leading to various risks such as misuse of banking accounts, email accounts, and social media. This study is based on the increasing number of phishing cases in society, including among university students, which have resulted in financial losses and personal data breaches, thereby violating Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE Law). Therefore, local government supervision is deemed necessary to address phishing activities occurring in Malang City. The objective of this study is to analyze the effectiveness and challenges of the supervision carried out by the Department of Communication and Information (Diskominfo) of Malang City on phishing, from the perspective of the ITE Law and Maqāṣid al-Sharīʿah. The research employs an empirical juridical method with a socio-juridical approach. The findings indicate that the supervision efforts by Diskominfo Malang include public education on the dangers of phishing and prevention strategies, provision of a reporting channel called “Malangkota-CSIRT,” and coordination with relevant stakeholders. From the perspective of Maqāṣid al-Sharīʿah, these efforts aim to realize public benefit (maslahah) by protecting wealth (hifzh al-mal) and life (hifzh al-nafs). However, the effectiveness of these supervision efforts remains limited due to legal constraints within the ITE Law and several practical challenges, such as unequal dissemination of information, limited human resources and budget, and inadequate infrastructure, all of which hinder the supervision and response process.
Restorative Justice as an Alternative in the Indonesian Criminal Justice System Valentino, Cecilia Rudolf
Journal of Progressive Law and Legal Studies Том 3 № 03 (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.v3i03.1864

Abstract

This study examines in depth the application and potential of restorative justice as an alternative approach in the criminal justice system in Indonesia. Unlike the traditional retributive model, which emphasizes punishment, restorative justice emphasizes relationship restoration, reconciliation, and active community involvement in addressing criminal behavior. The Indonesian legal system, which is based on a combination of civil and customary law traditions, creates a conducive foundation for the application of restorative justice principles. This study examines relevant legal provisions, including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and diversion mechanisms, in addition to traditional conflict resolution practices deeply rooted in Indonesian society. The study's key findings indicate that restorative justice has significant potential to reduce recidivism rates, reduce overcrowding in correctional institutions, and restore social harmony while still accommodating the needs of victims. However, its implementation still faces several challenges, such as limited institutional capacity, lack of adequate training for law enforcement officers, and uneven implementation across regions. Based on the analysis, this study concludes that effective integration of restorative justice requires comprehensive legal reform, closer coordination among stakeholders, and cultural sensitivity to Indonesia's social diversity. These efforts are believed to foster a more humane, responsive, and sustainable criminal justice system, one that balances victim protection, offender development, and the interests of society as a whole.

Page 7 of 8 | Total Record : 73

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