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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 89 Documents
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Digital Rights and Criminal Law Reform in Indonesia: Addressing Surveillance, Data Protection, and Cybercrime Governance Amran Amran; Muh. Tahir
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.v4i01.2246

Abstract

The rapid digitalization of contemporary societies has intensified tensions between criminal law enforcement and the protection of digital rights, particularly in emerging democracies. This study examines the structural challenges of safeguarding digital rights within Indonesia’s criminal law framework and identifies necessary reform pathways. Using a qualitative normative doctrinal approach structured as a single-country case study, the research analyses key statutory instruments, including the Electronic Information and Transactions Law and the 2022 Personal Data Protection Law, alongside relevant legal doctrines and comparative regulatory models. The findings reveal five interrelated structural constraints: regulatory lag, tension between criminalization and fundamental rights, doctrinal rigidity, evidentiary and enforcement limitations, and institutional as well as digital literacy deficits. The study identifies a normative asymmetry in which speech-related criminal enforcement has evolved more assertively than privacy protection mechanisms. It argues that Indonesia represents a hybrid statutory model of digital governance, distinct from the European constitutionalized regulatory approach and the United States’ intermediary-immunity paradigm. Effective reform requires harmonized legislation, proportional criminalization, institutional modernization, and rights-oriented judicial interpretation. By reconceptualizing digital rights protection as a structural transformation of criminal law, this study expands digital governance theory beyond Euro-American binaries and highlights the distinctive regulatory pathways of Global South democracies.
Judicial Reasoning on Asset Forfeiture as the Satisfaction of Substitute Compensation Hafiz Aulia; Ismansyah Ismansyah; Nani Mulyati
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2385

Abstract

The eradication of corruption in Indonesia faces a critical shift from retributive paradigms toward restorative justice and state financial recovery. This research examines Supreme Court Decision No. 4985 K/Pid.Sus/2022, which reflects an anomalous disparity between recovery ethos and procedural positivism. The study analyzes the ratio decidendi underlying the court’s rejection of seized physical assets as restitution and evaluates its strategic implications for the national asset forfeiture architecture. Employing a normative-doctrinal methodology, the analysis draws on Legal Purposivism and Integrative Jurisprudence. Findings reveal that the judiciary’s hyper-formalistic interpretation prioritized mathematical certainty over legal utility, paradoxically returning seized vehicles to the convict. This forced the Prosecution to resort to extra-procedural “bureaucratic gymnastics” to secure the assets, thereby exposing systemic inefficiencies. Macro-statistically, the current conviction-based regime yields a negligible recovery rate relative to the state's absolute losses of IDR 28.4 trillion in 2023. Significantly, this research contributes to criminal law jurisprudence by deconstructing the doctrinal impasse of the conventional in personam framework, providing a robust theoretical foundation for systemic legal reform. It concludes that transitioning to an in rem or Non-Conviction Based Asset Forfeiture mechanism, as mandated by UNCAC Article 54, is an absolute imperative. Accelerating the Asset Forfeiture Bill will transcend rigid procedural dogmatism, ensuring efficient asset recovery and liberating the state from systemic institutional failures.
Bibliometric Analysis of Thematic Trends in Research in Law, Communication and Social Sciences: Implications for the Editorial Approach Agustín Vicedo; Mario A. García; Eugenio R. Borroto
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2445

Abstract

This paper explores emerging trends in interdisciplinary research that connect Law, Communication, and Society, considering an editorial approach focused on high-impact scientific publications. A systematic review of recent literature (last five years) is presented, identifying key thematic areas (digital governance, democratic discourse, digital rights, media literacy, media justice) that cut across the three fields. Furthermore, a bibliometric analysis of relevant publications reveals a growth in research on digital regulatory artifacts and algorithmic justice, as well as a concern for public discourse and information inequality. Thirty leading journals (10 in Law, 10 in Communication, and 10 in Social Sciences) were selected according to SCImago 2024, and their editorial profiles were analyzed. Finally, each main theme is aligned with SDGs 16, 10, 5, and 4, showing direct links (e.g., democratic transparency—SDG 16, gender equality in the media—SDG 5), and emerging gaps are highlighted (algorithmic justice, democratic backsliding in the Global South, disinformation in legal processes). These findings support the proposal for an interdisciplinary publication aimed at strengthening rights and social participation in the digital age. This study contributes a structured editorial framework integrating bibliometric mapping, thematic clustering, and SDG alignment to consolidate the interdisciplinary field of Law, Communication, and Society. By identifying critical gaps (algorithmic justice, democratic backsliding in the Global South, and disinformation in judicial contexts), it offers a strategic roadmap for academic journals. Moreover, it provides actionable insights for editorial management, prioritizing socially urgent yet underfunded themes such as digital gender violence, media literacy policies, and algorithmic accountability, thereby advancing a coherent and globally relevant research agenda.
Judge’s Misinterpretation in Assesing the Legalityof Termination of Emploment Due to Company Loses without Audit Evidence Nurhayati Nurhayati; Muhammad Abdul Zalil; Adlan Khoerul Abdi
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2487

Abstract

This study examines judicial interpretation in assessing the legality of termination of employment due to company losses, focusing on the absence of audited financial evidence. The issue arises from a discrepancy between normative legal standards and judicial practice, particularly in Decision Number 1240 K/Pdt.Sus-PHI/2024. This research aims to analyze the legal requirements governing termination based on company losses and to evaluate whether the court’s reasoning aligns with statutory provisions. The study employs a normative juridical method with a case approach, analyzing legislation and judicial considerations. The findings indicate that the court accepted the company’s loss argument without rigorous verification of objective evidence, especially audited financial statements. Moreover, the decision conflates the fulfillment of workers’ rights with the legality of termination, which normatively constitutes two distinct legal aspects. Procedural requirements, including the obligation to treat termination as a last resort, were also not thoroughly examined. These inconsistencies demonstrate a deviation from established legal standards in both substantive and evidentiary aspects. The study concludes that the decision reflects a gap between legal norms and judicial application, which potentially weakens worker protection. Strengthening judicial consistency in applying evidentiary standards is essential to ensure legal certainty and fairness in industrial relations disputes. This study contributes to the development of labor law discourse by emphasizing the importance of cumulative legal standards in assessing the legality of termination due to company losses, particularly regarding evidentiary standards, audited financial statements, and the distinction between the legality of termination and the fulfillment of workers’ rights.
Arbitration as an Alternative to Resolving Industrial Relations Disputes on Employment Rights in Indonesia: A Restorative Justice Approach Kurniasih Bahagiati; Walid Fajar Antariksa
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2496

Abstract

The resolution process in the Industrial Relations Court, conducted by judges or ad hoc judges, often takes a long time, involves high costs, and frequently ends with decisions that leave one party dissatisfied and disadvantaged. Therefore, a mechanism for resolving industrial relations disputes that is quick, accurate, fair, and inexpensive, harmonious, dynamic, and supported by official institutions is needed. The purpose of this study is to examine the concept of arbitration as one of the alternatives for resolving industrial relations disputes and to understand it from the perspective of restorative justice. This study uses a normative juridical method, with a legislative approach and a conceptual approach. The primary data for this study are laws and regulations, specifically Law No. 2 of 2004 on the Resolution of Industrial Relations Disputes, as well as related official documents. The secondary data in this study are legal literature and academic journals on the resolution of industrial relations disputes and restorative justice. Research results show that arbitration is the best mechanism for resolving industrial disputes because its decisions are final and binding, unlike mediation, whose outcomes are advisory and not binding. Arbitration also differs from the long-standing, complex, and costly Industrial Relations Court. The concept of arbitration as an alternative method for resolving industrial disputes aligns with the restorative justice approach, which focuses on restoring the relationship between workers/laborers and employers. This study contributes to the development of legal scholarship on industrial relations dispute resolution by offering a restorative justice perspective on arbitration as an effective, efficient, and relationship-oriented mechanism.
Implementation of Law No. 13 of 2011 on the Management of the Poor in the Distribution of Social Assistance: A Siyasah Dusturiyyah Perspective Aris Abburahman Firdaus; Bobang Noorisnan Pelita; Ridwan Eko Prasetyo
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2513

Abstract

Poverty as a multidimensional issue demands social assistance policies that are not only administratively effective but also substantively fair, making implementation at the local level crucial to examine. This study aims to analyze the implementation of Law Number 13 of 2011 concerning the Handling of the Poor in the distribution of social assistance in Gambarsari Village, identify the factors affecting the effectiveness of social assistance distribution, and assess its conformity with the perspective of siyasah dusturiyyah. The theoretical study focuses on the concept of public policy implementation, the validity of social welfare data, as well as the principles of trust and justice in Islamic constitutional law. The research method uses a qualitative approach with an empirical juridical method through observation, interviews, and documentation. The results of the study indicate that policy implementation has proceeded administratively, but is not yet optimal substantively. The factors that affect the effectiveness of social assistance distribution are mis-targeting, weak data validity, as well as lack of transparency and supervision. From the perspective of siyasah dusturiyyah, these conditions reflect the suboptimal implementation of the principles of justice and trustworthiness in the distribution of social assistance. The contribution of this study lies in the development of an analysis of social assistance policy implementation through the integration of positive legal approaches and the perspective of siyāsah dustūriyyah, thereby providing a conceptual contribution to strengthening social assistance governance that is more just, transparent, and oriented toward public welfare (maslahah).
Law Enforcement Regarding the Grounds of Bad Faith in Trademark Cancellation Lawsuits Ria Harapenta Tarigan; Saidin Saidin; Putri Rumondang Siagian
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2533

Abstract

The exclusivity of a trademark as a distinguishing sign for goods and/or services must be registered. An application for trademark registration must be submitted by an applicant acting in good faith. A trademark registration may be cancelled by the Commercial Court within a period of 5 (five) years after the trademark has been registered, and there is no time limitation if it is proven that the trademark registration was filed in bad faith. This study aims to analyze the legal regulation of good faith in trademark registration, examine the concepts and criteria of bad faith in trademark cancellation practices, and analyze judges’ legal considerations in deciding trademark cancellation cases involving bad faith. This research is descriptive-analytical in nature and employs statutory, conceptual, and case approaches supported by secondary data. The data were analyzed qualitatively. The results of the study indicate that the concepts and criteria of bad faith are not clearly regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications, resulting in inconsistencies in legal certainty and law enforcement. The contribution of this research is to provide a deeper understanding of the importance of clearer regulations regarding indicators of bad faith as a basis for legal protection for rightful trademark owners, as well as to serve as a consideration for lawmakers in improving trademark regulations in Indonesia. Therefore, it is recommended that provisions regarding the good faith of trademark applicants be regulated more clearly, specifically, and comprehensively.
Imposition of Maximum Sentences on Juvenile Offenders for Concurrent Offenses of Premeditated Murder and Theft Puan Dinaphia Yunan; Tubagus Heru Dharma Wijaya; Ratu Lingga Sangkan Buana
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2534

Abstract

The global juvenile justice framework increasingly prioritizes restorative justice, imposing strict statutory sentencing caps predicated on diminished adolescent culpability. However, the rigid application of these mandatory leniency provisions to exceptionally heinous, multi-layered juvenile crimes precipitates a profound doctrinal collision. Utilizing a doctrinal legal methodology that integrates case and statute approaches, this article critically examines the tension between formal statutory limits and the pursuit of substantive justice in the Global South. By analyzing a landmark Indonesian judicial decision (Decision No. 3/Pid.Sus-Anak/2024/PN.Pnj) involving extreme concursus realis—premeditated mass murder, aggravated theft, and post-mortem sexual assault. This study demonstrates the critical inadequacy of inflexible juvenile sentencing caps. The findings indicate that strict adherence to the statutory maximum creates a severe proportionality deficit, effectively granting legal impunity for concurrent offenses and eroding public trust. Consequently, judicial officers in transitional democracies are functionally compelled to engage in judicial activism. Grounded in Sociological Jurisprudence and Progressive Law, the court's deliberate circumvention of positive law operates not as a subversion of authority but as a necessary mechanism of social engineering to prevent extrajudicial vigilante violence, restore moral equilibrium, and preserve the rule of law. Ultimately, this study contributes to the global jurisprudential discourse by proposing a critical theoretical framework that reconciles statutory leniency with substantive justice, offering actionable insights for future legislative reform and guiding judicial discretion in cases of extreme juvenile concursus realis.
Resolution of Adultery Offenses through the Mbasuh Dusun Mechanism: A Study of Legal Pluralism Maidani Maidani; Rahmi Hidayati Al Idrusiah; Ruslan Abdul Gani; Muhammad Farhan HR
Journal of Progressive Law and Legal Studies Том 4 № 02 (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.v4i02.2543

Abstract

This study examines the resolution of adultery-related offenses through the Mbasuh Dusun mechanism in Muko-Muko Bathin VII District, Bungo Regency, identifies the challenges encountered in its implementation, and analyzes the harmonization of customary law, Islamic law, and national law in the settlement of adultery cases. The research adopts an empirical juridical approach employing a descriptive qualitative method. Data were collected through interviews, field observations, and document analysis involving customary leaders, religious figures, village officials, and members of the local community. The findings indicate that the Mbasuh Dusun mechanism represents a customary law–based dispute-resolution model that emphasizes deliberation, restoration of social equilibrium, and the preservation of communal harmony. The settlement process involves customary institutions, religious leaders, village authorities, offenders’ families, and community representatives in determining forms of resolution perceived as fair and socially acceptable. Major challenges in implementing this mechanism include legal dualism between customary law and national law, social transformation driven by modernization, declining customary legitimacy, and issues concerning the effectiveness of enforcing customary sanctions. The study further reveals that harmonization among customary law, Islamic law, and national law may be developed through a restorative justice framework emphasizing dialogue, offender accountability, restoration of social relationships, and the strengthening of customary institutions. The study contributes that the Mbasuh Dusun mechanism demonstrates the continuing relevance of customary law as a local wisdom–based dispute-resolution instrument within Indonesia’s plural legal system.

Page 9 of 9 | Total Record : 89

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