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LAWPASS
Published by PT. Multidisciplinary Press Indonesia
ISSN : -     EISSN : 3047552X     DOI : -
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 66 Documents
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The Role of the National Police in Prioritizing Restorative Justice in Resolving Insult and Defamation Cases Based on Circular Letter from the Chief of Police Number: SE/2/11/2021: Case Study at the Deli Serdang Police Criminal Investigation Unit in Lubuk Pakam M.H. Samosir, Jonner; Zarzani, T. Riza
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this paper is to study the concept of restorative justice in the Police of the Republic of Indonesia (Polri) and also to observe how the Police react, interact as well as their techniques in responding to complaints from the general public. In this paper, a case study is carried out by conducting a study of the case LP/B/880/I/2002/PKT/North Sumatra Police Date 17 May 2022. The case approach is conducted by studying the views and doctrines in legal science, which will find ideas that can give rise to legal understandings, legal concepts and legal principles that are relevant to the issue faced.
Hate Speech in India: Contemporary Legal Challenges and Responses Das, Dipshreeya
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12642052

Abstract

This article examines the legal challenges of addressing hate speech in India, focusing on the balance between free speech and public order, as well as the protection of vulnerable communities. It reviews existing legal frameworks, including constitutional provisions under Articles 19(1)(a) and 19(2), statutory laws like Sections 153A, 295A, and 505(1) of the Indian Penal Code, and Section 69A of the Information Technology Act. Key judicial pronouncements, such as Shreya Singhal v. Union of India, are analyzed to highlight regulatory complexities. The study identifies social media proliferation, political exploitation, and legal ambiguities as critical contemporary issues. Using a qualitative research methodology, the article proposes reforms including clearer definitions of hate speech, stronger enforcement mechanisms, and new laws targeting online hate speech and political incitement. It also advocates for enhanced public awareness and education. These measures aim to curb hate speech while upholding democratic values and ensuring societal harmony, contributing to the discourse on digital governance and legal responses in India. In light of the increased incidents of hate speech in India and the legal challenges surrounding it, this article seeks to analyze the existing frameworks and propose necessary reforms.
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 Dwi Ardhia, Nanda; Joko Suryono, Leli; Ode Muhammad Rafi’ud Darajat, La
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11653366

Abstract

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.
Juridical Study on Investigation of Fraud Crime Cases in E-Commerce in Indonesia Widhaningroem, Shinta; Widowaty, Yeni
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11653601

Abstract

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.
The Relevance of Progressive Law to Legal Reasoning in Indonesia Septiningsih, Ismawati
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12316664

Abstract

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.
Analysis of Employee Communication Ethics on The Performance of The Personnel Bureau of The General Secretary of The Ministry of Defense of The Republic of Indonesia Siwi Pamungkas, Wilogo; Yulianti, Elis
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12576080

Abstract

The purpose of this research is to analyze the communication ethics of employees in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia verbal communication, to analyze the communication ethics of employees in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia in using nonverbal communication, and to analyze the application of communication ethics through the principles of communication ethics of employees in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia. The method used is descriptive qualitative. Data were obtained through interviews and observations with Civil Servants (ASN) and military personnel related to this research in the Directorate of Personnel Bureau of the Ministry of Defence. The results show that (1) Employees' practice of communication ethics in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia positively influences verbal communication, creating a harmonious work environment with polite, clear, and respectful language, and demonstrating integrity. This ethics is also evident through online media practices, strengthening effective communication and shaping a productive and ethical work environment. (2) Nonverbal communication ethics in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia maintain integrity, credibility, and respect for ethical principles through body gestures and attitudes crucial for an efficient, harmonious work environment in line with ethical principles. Training and adaptation to workplace norms support awareness of body language and nonverbal expression, strengthening understanding of communication ethics. (3) The application of communication ethics in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia positively impacts organizational culture, integrity, and public trust. Employees can build an inclusive, transparent, and accountable work culture by adhering to ethical principles in daily interactions, supporting organizational integrity, and positive stakeholder relations. Communication plays a vital role in organizations, especially in the Directorate of Personnel Bureau of the Ministry of Defence of the Republic of Indonesia.
The Policy Implementation Analysis of Inflation Control in Sukabumi Municipality: Implementation of Municipal Decree Number 188.45/39-Ekbang Dan KD/ 2018 In Sukabumi Municipality Rahminingrum, Anita; Rahmawati, Ike; Sugiharto, Sugiharto
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12576356

Abstract

Controlling inflation requires cross-agency cooperation and coordination between the government at both the central and regional levels and Bank Indonesia. Strengthening coordination in order to achieve low and stable inflation is the background for the formation of the Regional Inflation Control Team (TPID). TPID was first formed in Sukabumi City in 2011. Efforts to achieve TPID's goals were achieved through implementing an inflation control roadmap with the 4K key strategy, namely price affordability, supply availability, smooth distribution and effective communication. The conformity of inflation achievement with the target is one measure of the success of implementing inflation control policies. In the last fourteen years, six periods of Sukabumi City's actual inflation were within Bank Indonesia's inflation target, while in the other eight years actual inflation was below or above the target. as many as 6 periods, this research uses a descriptive method with a qualitative approach. Data collection techniques through interviews, observation and documentation studies. The research objects were members of the Sukabumi City TPID and West Java Province TPID resource persons. The implementation of the inflation control policy in Sukabumi City is running effectively because the policy standards and targets have been integrated into the development planning program and won an award for the best performance in controlling regional inflation in 2021. The implementing human resources show good quality and are very supportive. However, supporting facilities and infrastructure still need special attention. The TPID implementing organization is a bureaucracy that complies with the legality of existing laws. Communication between related organizations is running well according to communication progress. The current social, economic and political environment is favorable. Effectiveness will increase if it is supported by a budget, infrastructure facilities, increased insight of the parties involved, and a complete inflation control intervention program. Policies need to continue to be updated to be adaptive to dynamic developments in economic phenomena.
Implementation of Public Service Innovation Through the OK3S System (One Click Three Services) In the Muhammadiyah Sukabumi University Library Robi, Alfa; Saleh, Munandi; Hegia Sampurna, Rizki
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12617141

Abstract

This research aims to find out how to implement public service innovation through the OK3S (One Click Three Services) system at the Muhammadiyah University Sukabumi Library. This study used a descriptive qualitative method. Data collection techniques using interviews, observation and document analysis. Data analysis techniques include data collection, data reduction, data presentation, and drawing conclusions. Research location at the Muhammadiyah University Sukabumi Library. The research results show (1) the Use dimension, the OK3S (One Click Three Services) system has provided convenience for users, namely final year students, (2) Performance, there has been an increase in the performance of Muhammadiyah University Sukabumi library employees, (3) User attitudes and beliefs, Implementation of the OK3S system innovation has a positive impact on feedback from stakeholders, especially final year students, lecturers and related stakeholders, (4) Integration into the organization (Integration into the organization) , the OK3S system is integrated with SIAK (Academic and Financial Information System) so that students only need to use the email as recorded in SIAK to access OK3S, (5) Effectiveness of implementation effort (Effectiveness of implementation efforts) in its implementation has passed the preparation, system development, and implementation of the system. However, in practice, implementation is not optimal due to several obstacles encountered.
Eradicating the Spread of LGBT Through Maqashid Ash-Shari'ah Based Family Law: A Transcendental Prophetic Review Firmansyah, Indra; Prasetyoningsih, Nanik; Miftah Farid, Achmad
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12641459

Abstract

Islam regulates human behavior, including biological relationships and offspring preservation. LGBT individuals face discrimination in society, with 3% of Indonesians being LGBT. LGBT activists often seek human rights that contradict Islamic law, accusing Islam of obstructing freedom of opinion. Islam disagrees with curbing natural sexual instincts, viewing them as gifts from Allah.This study aims to analyze the phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) as a moral deviation in Maqashid Ash-Shari’ah society under the perspective of, or seeking the purpose and wisdom of Islamic Rules related to this deviant phenomenon. Generally, this study explores the meaning of Islam in responding to deviations in humanity, including the LGBT which was classified as deeds cursed by Allah SWT.
Obedience to Constitutional Court Decisions: Constitutional Obligations and Moral Obligations of Legislators Mujiyana, Mujiyana; Virdinia Putri, Windy; Fuadi, Gumilang
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12641736

Abstract

It is stated in the constitution that the Constitutional Court is the court of first and last instance whose decision is final. Problems arise when the Constitutional Court's decision requires follow-up to make it happen and other institutions follow up on it. This research is normative research that examines compliance with the Constitutional Court's decision as a constitutional obligation to legislate and a moral obligation to legislate using a conceptual approach. The results of this research show that non-compliance with the Constitutional Court's decision is a form of disloyalty and defiance of the constitution itself or what is referred to as constitutional disobedience. In addition, with the consideration that the Constitutional Court is a negative legislature, there are no special enforcement agencies, and there are no juridical consequences for ignoring the Constitutional Court's decision. Thus, the application of Lawrence Kohlberg's 4 moral orientations must be put forward as fulfilling moral obligations. This research concluded that obedience to the Constitutional Court decisions is not only a constitutional obligation for legislators but also a moral obligation for legislators.

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