cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Imam Sujono
Contact Email
imamsujono@risetpress.com
Phone
+6281332486201
Journal Mail Official
contact@risetpress.com
Editorial Address
Jl. Raya Pagu, Kecamatan Wates, Kabupaten Kediri, Provinsi Jawa Timur 64174, Indonesia
Location
Kab. kediri,
Jawa timur
INDONESIA
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 74 Documents
 4   5   6   7   8 
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.

Page 8 of 8 | Total Record : 74

 4   5   6   7   8 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Том 4 № 01 (2026): Journal of Progressive Law and Legal Studies Том 3 № 03 (2025): Journal of Progressive Law and Legal Studies Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies Том 3 № 01 (2025): Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies Том 2 № 02 (2024): Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): Journal of Progressive Law and Legal Studies Том 1 № 03 (2023): Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): Journal of Progressive Law and Legal Studies