LAWPASS
LAW & PASS: International Journal of Law, Public Administration and Social Studies is an open access scientific journal published by PT. Multidisciplinary Press Indonesia which contains studies in the fields of law, public administration and social studies both theoretically and empirically. The focus of this journal is divided into 3 general scientific disciplines, including: Law (civil law, criminal law, constitutional law, international law, procedural law, customary law, and Islamic law) Public Administration (Public Service Management, Public Sector Human Resources, Disaster Management, Population and Environmental Administration, Land Administration, Public Economy and Public Finance, Public Policy, Bureaucracy and Public Government, Digital Government, Political Policy, Regional Government, Decentralization and Regional autonomy) Social Studies (Sociology, Policy and Administration, Political Science, Anthropology, Demography, Human Geography, Communication, Community Professions, Criminology, Other studies related to society, including community service). This journal is published 2 months, namely February, April, June, August, October and December.
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<![CDATA[The Debtor's Juridical Analysis of Bankruptcy Decisions as A Consequence of Homologation Violations in Suspention of Payment: The case study decision numbers 20/Pdt.Sus-Pailit/2019/PN.Smg, jo. Numbers 23/Pdt.Sus-PKPU/2018/PN. Smg ]]>
<![CDATA[Dwi Ardhia, Nanda]]>;
<![CDATA[Joko Suryono, Leli]]>;
<![CDATA[Ode Muhammad Rafi’ud Darajat, La]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies 2024: Special Issue ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i2.14
<![CDATA[Despite a peace agreement being legally enforceable and officially recognized and accepted by both parties, the debtor may choose not to proceed with it. If the debtor fails to meet their obligations, the creditor has the right to demand that the peace agreement be terminated and declare the debtor insolvent. When petitioning for the termination of this peace agreement, the judge will naturally consider the provided information as well as the relevant bankruptcy and PKPU laws, notably Law Number 37 of 2004. This research utilizes a normative juridical approach, which includes analytical and descriptive aspects. The research aims to scrutinize and analyze the legal factors considered by the Commercial Court judges at the Semarang District Court during the invalidation of the peace agreement 23/Pdt.Sus-Pkpu/2018/Pn. Smg, as well as the ratification of peace agreement number 24/Pdt.Sus-PKPU/2018/Pn. Smg, as indicated in Decision Number 20/Pdt.Sus-Pailit/2019/Pn. Smg and Jo. Number 23/Pdt.Sus-Pkpu/2018/Pn. Smg. The research findings indicate that the Case Examining Panel of Judges invalidated the approved peace agreement due to evidence of the debtor's violation of contract or negligence. This led to the declaration of the debtor's insolvency and the termination of the corresponding peace agreement.]]>
<![CDATA[Juridical Study on Investigation of Fraud Crime Cases in E-Commerce in Indonesia ]]>
<![CDATA[Widhaningroem, Shinta]]>;
<![CDATA[Widowaty, Yeni]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies 2024: Special Issue ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i2.15
<![CDATA[Fraud crimes in e-commerce in Indonesia are increasing along with technological advances and the widespread use of the internet in buying and selling transactions. Many victims, especially women, who are attracted to the various products offered online are the main targets of this crime. This study aims to examine legal policies and law enforcement against e-commerce fraud crimes in Indonesia and identify obstacles law enforcement faces. The method used in this study is descriptive analysis with a normative juridical approach. The data used comes from literature studies and analysis of e-commerce fraud cases that have occurred. The results showed that legal policies related to fraud crimes in e-commerce in Indonesia are based on applicable criminal law principles, namely ius penile and danius pungent. Despite a clear legal foundation, law enforcement still faces various obstacles, including law enforcement officials' need to understand information technology, differences in legal interpretation, and low public awareness in reporting cybercrimes. Effective law enforcement requires collaborative efforts between governments, law enforcement officials, and communities, as well as capacity building and socialization related to online transaction security.]]>
<![CDATA[The Relevance of Progressive Law to Legal Reasoning in Indonesia ]]>
<![CDATA[Septiningsih, Ismawati]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies 2024: Special Issue ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i2.16
<![CDATA[Legal rules and law enforcement in Indonesia are heavily influenced by the legal system inherited from the Dutch colonial era. Many of the colonial regulations are still in effect today, even though they are no longer appropriate to the conditions of Indonesian society. The aim of writing this article is to analyze the contribution of progressive law to legal reasoning in Indonesia. This article was written using a type of normative research with a conceptual approach. The results of this research are that Dutch inherited law, which is based on positivist thinking, is often rigid and procedural. So there is less attention to aspects of substantive justice. It is hoped that the presence of progressive law will be able to reconstruct legislative regulations in Indonesia so that they realize substantive justice and not just procedural justice.]]>
<![CDATA[Reformulation of the Regulation on Money Politics in the Regional Head Election Law in the Context of Criminal Law Reform in Regional Head Elections ]]>
<![CDATA[Rahayu Werdiningih, Sri]]>;
<![CDATA[Prasetyoningsih, Nanik]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies 2024: Special Issue ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i6.63
<![CDATA[Direct regional head elections (Pilkada) in Indonesia, implemented since 2005, have not fully guaranteed the realization of democracy due to the widespread practice of money politics. Money politics, involving the exchange of money or material goods for votes, undermines the integrity of elections and distorts democratic processes. This study aims to examine the regulation of prohibitions and sanctions related to money politics within the Election Law and to formulate a concept for criminal law reform regarding money politics in Pilkada. Using a normative juridical method with a qualitative approach, the research analyzes existing legal provisions, identifies gaps and ambiguities, particularly concerning Article 73 of the Election Law, and explores the scope of subjects covered by the regulation. The findings indicate that although legal reforms have been made several times, ambiguities and loopholes remain, especially the unclear explanation of Article 73 and limited subject coverage. Therefore, this study proposes reformulating the legal norms to clarify prohibitions, broaden the scope of subjects beyond just candidates and campaign teams, and introduce protections for whistleblowers. The results of this research are expected to serve as a reference for policymakers and stakeholders in improving the legal framework for elections to ensure democratic integrity and legal certainty.]]>
<![CDATA[United States Response to China Hypersonic Weapons 2017-2023 ]]>
<![CDATA[K.H. Arigih, Muhammad]]>;
<![CDATA[W. Nugroho, Bambang]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies 2024: Special Issue ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i6.64
<![CDATA[China, under the leadership of Xi Jinping, is actively seeking to enhance its hypersonic weaponry. Xi Jinping aspires for China to attain a position of esteem in global political affairs. This endeavor instilled a sense of significance and obligation in the United States, prompting a response. Through the utilization of a descriptive qualitative methodology, numerous discoveries were acquired. Firstly, the United States publicly acknowledges that China's hypersonic weapons pose a genuine menace to world security. Despite not having attained the pinnacle of weaponry capabilities, China's arsenal is nonetheless seen as concerning. Furthermore, the United States consistently augments its expenditure on weaponry on an annual basis. The United States fosters collaboration with arms manufacturers. Furthermore, the United States enhances bilateral relations with Taiwan. Taiwan is seen as a significant ally in the endeavor to uphold security in the East Asian area. In addition, the United States is further enhancing its existing collaboration with NATO.]]>
