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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 63 Documents
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The Role of The Constitutional Court in Maintaining the Balance of Power in Indonesia Setyawan, Dony; Suganda, Atma; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.40

Abstract

The role of the Constitutional Court in maintaining the balance of power in Indonesia is crucial in ensuring the achievement of a democratic and fair system of government. As an institution mandated to safeguard the constitution, the Constitutional Court has the main function of conducting judicial reviews of laws that conflict with the 1945 Constitution, as well as overseeing general and regional elections. In addition, the Constitutional Court also acts as a protector of citizens' constitutional rights, ensuring that economic, social and cultural rights are respected and protected. Through its authority, the Constitutional Court plays an important role in maintaining the principle of checks and balances in Indonesia, preventing abuse of power, and strengthening the system of separation of powers between the executive, legislative and judicial branches. In this context, the Constitutional Court functions as an independent and objective constitutional watchdog institution, which is an important element in maintaining the stability and sustainability of democracy in Indonesia.
The Role and Challenges of Law Enforcement Agencies in Optimizing Eradication and Prevention of Money Laundering Crimes Involving Corporations Usman, Usman; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.41

Abstract

The large role of corporations in facilitating the occurrence of Money Laundering (TPPU) requires serious attention from the government and law enforcement. In Indonesia, money laundering cases often involve corporations operating in various sectors, indicating that corporations can function as a means to hide the proceeds of crime. One of the main challenges in eradicating Money Laundering is the lack of effective implementation of criminal sanctions against corporations. Criminal sanctions for corporations are an important instrument in law enforcement to prevent violations committed by business entities. Although Law Number 8 of 2010 has regulated criminal sanctions for corporations involved in Money Laundering, its implementation is still far from optimal. The research method used in this study is normative juridical with three approaches, namely the conceptual approach, the statutory regulatory approach, and the case approach. The results of the study indicate a vacuum of legal norms in Law Number 8 of 2010, which results in obstacles in the application of criminal sanctions against corporations involved in Money Laundering (TPPU). Therefore, it is necessary to update criminal law policy to correct the weaknesses contained in the law.
The Role of Court Excellence in Facilitating Expedited Trials to Enhance Legal Efficiency in Indonesia T.H. Simarmata, Edward; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 4 (2025): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i4.43

Abstract

This scholarly article investigates the implementation of court excellence frameworks as a mechanism for expediting trials, thereby improving legal efficiency within Indonesia's judicial landscape. The Indonesian justice system confronts considerable challenges in delivering timely justice, largely attributed to case backlogs and procedural inefficiencies. Court excellence principles are examined here as a strategic approach to streamline judicial processes, boost institutional efficiency, and accelerate case resolutions. Through an analysis of Indonesia’s legal structures and current practices, this paper underscores the critical role of court excellence principles in fostering a justice system that is both equitable and efficient. Key insights and strategic recommendations are provided to support the effective implementation of expedited trials, ultimately promoting legal expediency in Indonesia.
Legal Protection for Concurrent Creditors Reviewed from the Principle of Business Continuity and the Principle of Justice Hambali, Hambali; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 4 (2025): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i4.44

Abstract

This article discusses legal protection for concurrent creditors in bankruptcy proceedings by reviewing the application of the going concern principle and the principle of fairness. Bankruptcy is a condition that requires the management of debtor assets to ensure payment of debts to creditors. However, concurrent creditors are often in a disadvantageous position in terms of payment priority, thus requiring special legal protection. The going concern principle provides an opportunity for companies to continue operating and increase the value of assets in order to optimize payments to concurrent creditors. Meanwhile, the principle of fairness ensures a fair and proportional distribution among all creditors without any arbitrary actions. Through this analysis, the article concludes that the application of both principles can improve protection for concurrent creditors and create a fairer bankruptcy process. Recommendations include improving regulations to clarify creditor protection mechanisms, stricter supervision of the implementation of the principle of fairness, and optimizing the application of the going concern principle to increase the value of assets for concurrent creditors.
Corporate Vicarious Liability in the Crime of Participating in Bribery in Indonesia Ferdinan Wangania, Yusof; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i5.45

Abstract

The complexity of the corporate landscape has positioned enterprises as key actors in criminal offenses, including bribery. Although the National Criminal Code (Law No. 1/2023) recognizes corporations as subjects of criminal law, the application of vicarious liability in corporate bribery cases remains underexplored. This study examines the implementation of vicarious liability for corporations in the context of bribery in Indonesia, particularly after the enactment of the National Criminal Code. Utilizing a juridical-normative methodology and statutory and conceptual approaches, this research analyzes primary and secondary legal materials qualitatively and descriptively. The findings reveal that the National Criminal Code incorporates the concepts of identification and vicarious liability into corporate accountability, extending the scope to include those in de facto control of the organization. Applying vicarious liability in bribery cases requires proof of a causal link between the bribery act and the corporation's interests. This study contributes to the alignment of vicarious liability with established principles of criminal law and provides insights into corporate accountability under the new Criminal Code framework.
The Urgency of Implementing Corruption Crime Asset Confiscation in The Context of Recovering State Losses Anwar, Muhammad; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i5.46

Abstract

Return of assets resulting from criminal acts of corruption based on Article 10 of the Criminal Code and Articles 18, 19 of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes, cannot yet be used as a basis for maximizing the return of State losses, applying replacement money sanctions under Article 10 of KUHP and Articles 18 and 19 of UU TIPIKOR is fraught with difficulties. In court rulings for criminal acts of corruption that have permanent legal effects, the quantity of money resulting from the act and the burden of state losses in corruption are never equal (Inkracht). The amount returned to the state is reduced due to corruption crimes. In a judge's decision that has permanent legal force (Inkracht) ordering perpetrators of criminal acts of corruption to return the money that was corrupted and/or money obtained from criminal acts of corruption, in practice, it often happens that perpetrators are unable to pay replacement money, so they prefer to replace it with prison punishment. Prison sentences are often used as a loophole to avoid paying compensation so that the state still suffers losses even though it has been proven in court. Therefore, the appropriate strategy for recovering and returning state losses in the context of realizing state financial justice is to confiscate the assets of perpetrators of criminal acts of corruption by the value of the state losses incurred by corruption by giving the authority to the Public Prosecutor to submit asset confiscation to the court to confiscate the assets of perpetrators of criminal acts of corruption before a court decision or before there is a lawsuit.
Violation of the Obligation to Use Indonesian Language in International Business Contracts Involving Foreign Legal Entities as Parties under Indonesian Law Retnaningsih, Sonyendah; Rizqi Alfarizi Ramadhan, Muhammad; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.47

Abstract

The Indonesian language is the official national language, required for use in all official state documents in Indonesia, as stated in Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem. Article 31, paragraph (1) mandates the use of Indonesian in memorandums of understanding (MoUs) or agreements between state organizations, Indonesian government agencies, and private entities. When a foreign party is involved, Article 31, paragraph (2) requires the agreement to be in both Indonesian and the foreign language or English. Presidential Regulation No. 63 of 2019 also emphasizes the use of Indonesian in agreements, allowing foreign languages only as translations to ensure mutual understanding. However, the Supreme Court Circular Letter No. 3 of 2023 complicates this by stating that Indonesian private institutions or individuals cannot cancel agreements made in a foreign language without an Indonesian translation, unless bad faith is proven. This creates inconsistency with the regulations. This research examines two main issues: first, the synchronization of regulations regarding the use of Indonesian in agreements with foreign parties, and second, the legal consequences of agreements that do not use Indonesian. The research uses doctrinal and descriptive methods, with qualitative analysis of secondary data, concluding that agreements not in Indonesian are legally void and may be annulled by the courts.
The Srategic Role of Muhammadiyah: Pluralism, Tolerance and Socialism in Indonesia Masrukhi, Masrukhi; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.48

Abstract

Indonesia is the country with the fourth largest population in the world. Where Indonesia has multi-culture, multi-ethnicity and multi-language. Muhammadiyah has a role in the development of the Indonesian nation, especially in the fields of social and pluralism. In the social sector, Muhammadiyah plays a very strategic role, including providing health facilities and education. Muhammadiyah views tolerance as a form of universal human brotherhood and mutual respect, where pluralism and tolerance are efforts to resolve various national problems. Muhammadiyah agrees with the philosophy of the Indonesian nation; Even though we have different ethnicities and religions, we are still one nation.
Revitalizing Nationalism through Authentic Urban Spaces: The Role of Advanced Social Intelligence and Sustainability Suparno, Suparno; Nursanty, Eko; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.49

Abstract

In an increasingly globalized world, the preservation of national identity through authentic urban spaces faces significant challenges. As cities expand and modernize, the balance between sustainability, cultural heritage, and technological advancements becomes more difficult to achieve. This paper explores the intersection of sustainability and advanced social intelligence in urban planning, focusing on how these multidisciplinary approaches can help revitalize nationalism by maintaining the authenticity of space and place. Sustainability initiatives in urban development often prioritize environmental efficiency and smart growth but may inadvertently threaten the cultural and historical elements that define a nation's identity. By leveraging advanced social intelligence, such as data-driven decision-making, community participation, and real-time analytics, cities can manage growth while protecting the cultural integrity of their urban landscapes. This paper highlights successful case studies from both global and local contexts where urban spaces have been carefully preserved and modernized in ways that reinforce national pride and identity. Through a comprehensive analysis, this study argues that preserving the authenticity of urban spaces—especially historical districts, architectural landmarks, and culturally significant areas—plays a critical role in sustaining national identity in the face of rapid urbanization. Furthermore, it emphasizes the need for a multidisciplinary approach, integrating architecture, urban planning, technology, and sociology to create a sustainable urban framework that respects cultural heritage while fostering innovation. The paper offers insights into how advanced social intelligence and sustainability can be effectively combined to support the authenticity of urban spaces, thereby contributing to a renewed sense of nationalism and cultural cohesion in modern cities.
Utilization of Fishery Waste Product: The Case of MSMEs (In Central Java, Indonesia) Yusuf, Muhammad; Wambui Maina, Nancy; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.50

Abstract

Resource management encompasses not only fishing and aquaculture activities but also the management of fishery waste, classified as animal by-products. Effective management of fishery waste, including heads, bones, scales, offal, and shells—which constitute approximately 30-40% of total fishery products—provides opportunities to mitigate pollution and boost the income of traditional coastal communities. In 2014, the FAO highlighted Indonesia’s significant fishery commodities, particularly mollusks and sea shells, which hold substantial export potential. Utilizing every part of the fish promotes environmental sustainability and creates economic benefits. This reflects a growing recognition of sustainable practices in enhancing local economies and ecological health. Indonesia's waters are divided into nine fisheries management areas (WPP). Research on Sustainability Practices in Micro, Small, and Medium Enterprises (MSMEs) indicates that MSMEs are pivotal to Indonesia’s economic development and are increasingly adopting Green Supply Chain Management (GSCM) practices to improve sustainability. In Central Java, fisheries are a key economic activity, with fish farming and processing supporting local diets and incomes. The region’s economy is diverse, with the processing industry leading, contributing 34.99% in the first quarter of 2024. Regulations for MSMEs in Central Java aim to foster growth and sustainability by providing legal protections, financial aid, and infrastructure support, enhancing the resilience and competitiveness of MSMEs, including those in fisheries. Ongoing efforts are essential to overcome implementation challenges and ensure these regulations benefit all stakeholders. This article explores the utilization of fish waste management in MSMEs.

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