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Imam Sujono
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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 81 Documents
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Reformulation of Criminal Act of Corruption in Building Failure Within Procurement of Construction Services from Perspective of Legal Certainty F. Dirun, Wikarya; Syaufi, Ahmad; Faishal, Achmad; Suprapto, Suprapto
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.v3i03.1893

Abstract

Infrastructure development is a strategic sector in national development as mandated by the 1945 Constitution of the Republic of Indonesia and regulated under Law Number 2 of 2017 on Construction Services. However, the practice of law enforcement concerning building failures demonstrates inconsistency, particularly when applying the Anti-Corruption Law (UU Tipikor), despite such matters being more appropriately resolved through the legal mechanisms of construction law or civil contract law. The collapse of the Mandastana Bridge and the Sukamara Prison wall serve as concrete examples of legal uncertainty arising from improper application of the law, thereby raising issues of legality, the principle of ultimum remedium, and legal certainty. This study aims to analyze the application of Article 2 Paragraph (1) and Article 3 in conjunction with Article 18 of the Anti-Corruption Law and Article 55 Paragraph (1) of the Indonesian Criminal Code (KUHP) in relation to building failures in government goods and services procurement; to examine its legal implications; and to formulate an ideal, logical, consistent, and harmonious legal policy within the national legal system. Utilizing a normative approach, the research affirms that building failures are more effectively addressed through administrative and civil instruments, except where clear indications of corruption exist. The findings indicate that multiple interpretations of the elements of “unlawfulness,” “self-enrichment,” and “state loss” in the Anti-Corruption Law result in inconsistent law enforcement, protracted legal processes, and hesitation among officials in making decisions. Therefore, legal reform is required through the revision of the Anti-Corruption Law, the drafting of technical guidelines, capacity-building for law enforcement, and the protection of official discretion in accordance with the principles of good governance. Thus, a reconstruction of construction law focused on justice, legal certainty, and public benefit is expected to deliver infrastructure that is high-quality, sustainable, and capable of providing optimal economic benefits for society.
Harmonization of Positive Law and Islamic Law in Handling Election Violations in Jambi Sahroni, Iron; Al Idrusiah, Rahmi Hidayati; Maryani, Maryani; Madjid, M. Nazori; Farhan HR, Muhammad
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.v3i03.1926

Abstract

This study aims to examine the forms of criminal violations of the General Election that occurred in Jambi Province during the 2024 Election, and analyze them from the perspectives of positive law and Islamic criminal law. This study uses a qualitative method with an empirical juridical approach, combining literature studies and field data from the Elections Supervisory Agency (Bawaslu), the Law Enforcement Agency (Gakkumdu), and court decisions. The results indicate that the most prevalent violations are money politics, off-schedule campaigning, violations of the neutrality of civil servants (ASN), the Indonesian National Armed Forces (TNI), and the Indonesian National Police (Polri), the spread of hoaxes, vote rigging, and the destruction of campaign materials. Of the total findings and reports in Jambi Province, the majority are administrative violations. However, seven cases were processed as election crimes, some of which have reached the investigation stage and court decisions. From an Islamic criminal law perspective, these violations are categorized as ta'zir crimes, with discretionary sanctions intended to provide a deterrent effect and safeguard the public interest. This study emphasizes the synergy between positive law and Islamic values ​​in realizing honest, fair, and dignified elections.
Application of Immanuel Kant's Retributive Theory in Death Penalty Sentencing for Premeditated Murder Following Constitutional Court Decision No. 21/PUU-VI/2008 Sujono, Imam
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.v3i03.2005

Abstract

This study examines the application of Immanuel Kant's retributive justice theory in judicial decisions imposing death sentences for premeditated murder cases in Indonesia, particularly following the landmark Constitutional Court Decision No. 21/PUU-VI/2008. The research employs a normative juridical approach, analyzing secondary legal materials including legislation, court decisions, legal doctrines, and philosophical theories. Kant's retributive theory posits that punishment must be proportionate to the moral culpability of the offender, embodying the principle of ius talionis. However, the Constitutional Court's decision has reframed the death penalty as an exceptional and alternative sanction, requiring judges to consider principles of proportionality and individualization. This study reveals a fundamental tension between classical Kantian retributivism, which demands absolute proportionality regardless of consequentialist considerations, and the Constitutional Court's approach that increasingly emphasizes human rights protection and gradual abolitionism. The findings demonstrate that while judges rhetorically invoke retributive principles in their reasoning, practical application has become constrained by constitutional imperatives that prioritize rehabilitation and the right to life. This normative contradiction suggests an evolutionary shift in Indonesia's criminal justice philosophy from pure retribution toward a more nuanced balancing of retributive, rehabilitative, and human rights considerations.
Criminal Sanctions for Corruption in Islamic and Positive Legal Systems: A Comparative Study of Indonesia, Saudi Arabia, and Egypt Al Munawar, Faishal Agil
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2167

Abstract

Corruption constitutes a serious criminal offense that undermines legal integrity, social justice, and the sustainability of national development. Beyond its characterization as a violation of positive law, corruption also represents a profound breach of moral values and public trust (amanah) within the framework of Islamic law. This article aims to comparatively analyze criminal sanctions for corruption under Islamic law and positive law, with particular focus on Indonesia, Saudi Arabia, and Egypt. The study adopts a normative juridical methodology employing a comparative law approach, examining statutory regulations, doctrines of Islamic criminal law (fiqh jināyah), and relevant contemporary legal literature. The findings demonstrate that, within Islamic law, corruption is classified as a jarīmah ta‘zīr, as its sanctions are not explicitly stipulated in the primary sources (naṣṣ). Consequently, discretionary authority is vested in rulers or judges to determine appropriate penalties based on considerations of public welfare and social harm. In contrast, Indonesia regulates corruption through comprehensive and specialized anti-corruption legislation, emphasizing imprisonment, fines, and supplementary sanctions such as asset confiscation and the revocation of certain rights. Saudi Arabia implements a criminal law framework grounded predominantly in Islamic law and reinforced by modern regulatory instruments, imposing relatively severe sanctions designed to ensure deterrence and safeguard public trust. Meanwhile, Egypt applies a civil law–based legal system, criminalizing corruption through codified provisions in the Penal Code and specialized anti-corruption statutes. This study concludes that, notwithstanding conceptual and structural differences in the regulation of corruption sanctions, both Islamic law and positive law converge on shared objectives, namely the preservation of justice, the prevention of social harm, and the protection of public interests. The integration of ethical values and the principles of maqāṣid al-sharī‘ah into positive legal systems offers significant potential to enhance the coherence, legitimacy, and long-term effectiveness of anti-corruption frameworks.
Harmonization of Fetal Life and Women Right to Bodily Autonomy in Pro-Life and Pro-Choice Perspectives Septiani, Melisa Manik; Wahyudi, Wahyudi
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2206

Abstract

This study examines the legal dilemma in regulating abortion in Indonesia through the conflict between pro-life and pro-choice doctrines. The problem arises from the tension between protecting the right to life of the fetus and the right to bodily autonomy of women within the framework of national health and criminal law. This study aims to analyze how the latest regulations, particularly Law No. 17 of 2023 on Health and the new Criminal Code, seek to harmonize these two interests. The method used is normative legal research with a legislative approach and a conceptual approach through the study of regulations and legal literature. The results of the study show that Indonesian law is still oriented towards a pro-life approach through a general ban on abortion, but provides limited exceptions in cases of sexual violence and medical emergencies. This selective recognition gives rise to normative inconsistencies and double standards in the protection of women's bodily autonomy. This study concludes that existing policies are still partial compromises and recommends a more proportional and reproductive health-based legal approach.
Fraud in the Sale and Purchase of Processed Wood in the Jambi Jurisdiction: Analysis of Positive Law and Islamic Criminal Law Haryanto, Kemas Edy; Al Idrusiah, Rahmi Hidayati; Bafadhal, Husin; Farhan HR, Muhammad
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2215

Abstract

The practice of buying and selling processed wood in the Jambi jurisdiction plays a strategic role in supporting community economic activity. However, over time, this practice has been plagued by various legal irregularities, particularly fraud, resulting in economic losses, social conflict, and legal uncertainty. This study aims to analyze the obstacles and efforts to resolve fraudulent cases in the sale of processed wood, and to examine these acts from the perspective of Islamic criminal law. This study employed a qualitative approach with empirical juridical research. Data were obtained through interviews with law enforcement officials, processed wood business actors, and parties involved in the dispute. A literature review of laws and Islamic legal literature supported them. The results indicate that resolving fraud cases faces various obstacles, including blurred boundaries between civil breach of contract and criminal fraud, weak evidence of deception, a lack of written agreements, and low public legal literacy. Efforts to resolve these cases have been pursued through penal and non-penal channels, but neither is fully effective without proportional sanctions and ongoing prevention efforts. From an Islamic criminal law perspective, fraud in the sale and purchase of processed wood falls under the category of ta'zir crimes, which balance punishment, restitution for the victim's losses, and prevention of social harm. This research confirms that integrating Islamic criminal law values with positive law can strengthen substantive justice and property protection in community business practices.
Market Dominance and Abuse of Dominant Position by Big Tech Companies: Challenges in Enforcing National Competition Law: Case Study: Grab and Gojek in Indonesia Asmah, Asmah; Gazali, Indrahayu Umar
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2218

Abstract

This research analyzes the phenomenon of market dominance and potential abuse of dominant position by big tech companies, specifically Grab and Gojek (GoTo) in Indonesia's online transportation industry. These two digital platforms control more than 90% of the national ride-hailing market share, creating an oligopolistic market structure that potentially violates healthy business competition principles. This study employs a normative juridical method with a case study approach, analyzing decisions from the Business Competition Supervisory Commission (KPPU), competition law regulations, and recent academic literature from the 2024-2025 period. The research findings indicate that the market dominance held by Grab and Gojek creates entry barriers for new competitors through network effects, consumer data accumulation, and digital ecosystem control. The merger discourse between both companies in 2025 exacerbates concerns about monopolistic practices and declining welfare for consumers and driver partners. Challenges in enforcing competition law include the limitations of Law No. 5/1999, which has not accommodated digital market characteristics such as two-sided markets, algorithmic discrimination, and data-driven anti-competitive behavior. KPPU faces constraints in institutional capacity, difficulties in proving anti-competitive practices in the digital era, and cross-jurisdictional complexity. This research recommends modernizing competition law through revision of Law No. 5/1999, strengthening KPPU's capacity in digital forensics and algorithm analysis, and adopting ex-ante regulatory approaches to prevent excessive market concentration.
Criminal Responsibility of Road Organizers as An Effort to Prevent Traffic Accident Arif, Amelia; Putri, Andi Istiana Inayah Dwi Putri
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2219

Abstract

Traffic accidents in Indonesia remain a serious problem with high mortality rates. Inadequate road infrastructure conditions are one of the main contributing factors to accidents. This study aims to analyze the criminal liability of road organizers in the context of traffic accident prevention based on Indonesian positive law provisions. The research method used is normative juridical with statutory and conceptual approaches. Secondary data was collected through literature study and analyzed qualitatively. The results show that the criminal liability of road organizers is regulated in Article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation, but its implementation remains weak due to minimal law enforcement. Road organizers can be held criminally liable if their negligence in road maintenance or construction is proven to cause accidents. To optimize accident prevention, it is necessary to strengthen supervision systems, improve the competence of road organizers, and enforce consistent and firm law enforcement against violations of road safety standards.
Validity of Click-Wrap and Browse-Wrap Agreements in the Indonesian Agreement Legal System Arief, Anggreany; Muhdar, Muh. Zulkifli
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.v3i03.2239

Abstract

The growth of electronic transactions in Indonesia has led to the emergence of various forms of digital agreements, including click-wrap agreements and browse-wrap agreements. Both types of agreements have become common legal instruments on digital platforms; However, their validity within Indonesia's contract law system remains a subject of academic and practical debate. This study aims to analyze the validity of click-wrap agreements and browse-wrap agreements in light of Article 1320 of the Civil Code, Law Number 11 of 2008 on Electronic Information and Transactions (EIT Law) and its amendments, and Law Number 8 of 1999 on Consumer Protection. The research employs a normative legal method using a statute approach and a comparative approach. The findings indicate that click-wrap agreements possess stronger legal force than browse-wrap agreements due to the explicit expression of user consent. Browse-wrap agreements occupy a legally vulnerable position because they do not adequately satisfy the element of mutual consent as required by Article 1320 of the Civil Code. This study recommends the establishment of more specific regulations governing minimum standards for digital agreements in Indonesia to provide legal certainty for businesses and consumers.
Application of The Business Judgment Rule in Decision-Making by The Board of Directors of State-Owned Enterprises Syarifah, Firli; Wahyudi, Wahyudi
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): 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.v4i01.2245

Abstract

State-Owned Enterprises (SOEs) play a strategic role in Indonesia’s national economy by combining business objectives with public service mandates. This dual function places SOE directors in a difficult position when making business decisions involving risks, as any financial loss may lead to legal or even criminal liability. The Business Judgment Rule (BJR) serves as a legal principle that protects directors who make business decisions in good faith, with due care, and without conflicts of interest. In Indonesia, this principle is reflected in Article 97 paragraph (5) of the Company Law and the SOE Law, and further supported by Supreme Court Regulation No. 4 of 2023. This study employs a normative juridical method with a descriptive-analytical approach to statutory regulations and legal doctrines. The findings indicate that although BJR has a legal foundation, its practical application remains problematic due to overlapping regulations, differing perspectives between business actors and law enforcement authorities, and limited understanding of the requirements for BJR protection. Therefore, clearer legal standards and consistent law enforcement are necessary to ensure that BJR functions effectively as both a protective and accountability mechanism for SOE directors.

Page 8 of 9 | Total Record : 81

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