Law & Pass : International Journal of Law, Public Administration and Social Studies
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.
Articles
65 Documents
<![CDATA[Legal Protection for Concurrent Creditors Reviewed from the Principle of Business Continuity and the Principle of Justice ]]>
<![CDATA[Hambali, Hambali]]>;
<![CDATA[Rattanapun, Supot]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 4 (2025): October ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i4.44
<![CDATA[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.]]>
<![CDATA[Corporate Vicarious Liability in the Crime of Participating in Bribery in Indonesia ]]>
<![CDATA[Ferdinan Wangania, Yusof]]>;
<![CDATA[Rattanapun, Supot]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i5.45
<![CDATA[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.]]>
<![CDATA[The Urgency of Implementing Corruption Crime Asset Confiscation in The Context of Recovering State Losses ]]>
<![CDATA[Anwar, Muhammad]]>;
<![CDATA[Achmad Darodjat, Tubagus]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i5.46
<![CDATA[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.]]>
<![CDATA[Violation of the Obligation to Use Indonesian Language in International Business Contracts Involving Foreign Legal Entities as Parties under Indonesian Law ]]>
<![CDATA[Retnaningsih, Sonyendah]]>;
<![CDATA[Rizqi Alfarizi Ramadhan, Muhammad]]>;
<![CDATA[Akkapin, Supaphorn]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i5.47
<![CDATA[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.]]>
<![CDATA[The Srategic Role of Muhammadiyah: Pluralism, Tolerance and Socialism in Indonesia ]]>
<![CDATA[Masrukhi, Masrukhi]]>;
<![CDATA[Akkapin, Supaphorn]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i5.48
<![CDATA[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.]]>
<![CDATA[Revitalizing Nationalism through Authentic Urban Spaces: The Role of Advanced Social Intelligence and Sustainability ]]>
<![CDATA[Suparno, Suparno]]>;
<![CDATA[Nursanty, Eko]]>;
<![CDATA[Rattanapun, Supot]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i5.49
<![CDATA[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.]]>
<![CDATA[Utilization of Fishery Waste Product: The Case of MSMEs (In Central Java, Indonesia) ]]>
<![CDATA[Yusuf, Muhammad]]>;
<![CDATA[Wambui Maina, Nancy]]>;
<![CDATA[Achmad Darodjat, Tubagus]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i5.50
<![CDATA[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.]]>
<![CDATA[Economic Analysis of the Law on Execution of Fiduciary Guarantees After the Constitutional Court Decision ]]>
<![CDATA[Mulyani, Sri]]>;
<![CDATA[Irianto, Sigit]]>;
<![CDATA[Erwin Isharyanto, Johan]]>;
<![CDATA[Idris, Kholik]]>;
<![CDATA[Santoso, Budi]]>;
<![CDATA[Fahrurrozie Hidayat, Arief]]>;
<![CDATA[Akkapin, Supaphorn]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v1i5.51
<![CDATA[Under Article 29(1) of Law No. 42 of 1999 on Fiduciary Guarantees (UUJF), the execution of fiduciary collateral objects may only proceed through an executorial title. Creditors, as holders of fiduciary collateral certificates, possess the right to directly execute the collateral if the debtor defaults, as stipulated in Article 15 paragraphs 2 and 3 of the UUJF. This provision formed the basis for a debtor’s petition to the Constitutional Court, resulting in Decision No. 18/PUU-XVII/2019, which favored the debtor by mandating that creditors must execute collateral through the court rather than directly. Subsequently, creditors appealed, leading to Decision No. 2/PUU-XIX/2021, which allowed execution through the District Court as an alternative. This research explores the economic analysis of these legal changes, addressing two primary questions: (1) How does economic analysis of law apply to the execution of fiduciary collateral post-Constitutional Court rulings? (2) Can fiduciary collateral execution be effectively carried out under the Constitutional Court’s decisions? Utilizing Richard A. Posner’s economic analysis of law framework, this empirical normative study employs qualitative methods to assess statutory and case law. The findings indicate that Decision No. 2/PUU-XIX/2021 aligns more closely with economic efficiency compared to Decision No. 18/PUU-XVII/2019. However, the inconsistency between these rulings increases costs and legal uncertainty, adversely affecting the broader economy by complicating credit facilities for businesses.]]>
<![CDATA[Community Participation in the Development Plan of Mande Village, Mande District, Cianjur Regency ]]>
<![CDATA[Hesti Geovany, Dede]]>;
<![CDATA[Rachmawati, Ike]]>;
<![CDATA[Hegia Sampurna, Rizky]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 4 (2025): October ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i4.52
<![CDATA[This study aims to analyze community participation in the Village Development Planning Conference (Musrenbangdes) in Mande Village, Mande District, Cianjur Regency. The research uses qualitative methods with data collection techniques in the form of observation, interviews, and documentation, as well as data analysis of the Miles and Huberman interactive model. The results of the study show that community participation in Musrenbangdes includes four dimensions: decision-making, planning, utilization of results, and evaluation. Despite the active involvement of the community in the decision-making process through hamlet-level deliberations (Musdus) and supervision by the Village Consultative Body (BPD), the level of community attendance and contribution in providing input is still low, with an average attendance of only 19% of the number of invitees. The main challenges include budget limitations, lack of public awareness, and the perception that Musrenbang is only a formality. Nevertheless, several priority programs, such as the construction of the Sports Building (GOR), road repairs, and the construction of drilled wells, have had a positive impact on the quality of life and the economy of the community. This study emphasizes the importance of intensive socialization, budget transparency, and an inclusive approach to increase community participation in village development. In conclusion, Musrenbangdes in Mande Village is able to encourage sustainable development, but it needs improvements in terms of participation and resource management to achieve more optimal results.]]>
<![CDATA[Legal Protection For Construction Service Providers in Cases of Building Failure ]]>
<![CDATA[Anrizal, Anrizal]]>;
<![CDATA[Sami'an, Sami'an]]>;
<![CDATA[Hardjomuljadi, Sarwono]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i5.53
<![CDATA[Building failure is a condition of collapse or non-functioning of a building when the final handover of construction services is carried out where this is caused by negligence on the part of the Service Provider, so that they are obliged to be responsible for the failure that exists. The problems in this study include 1) How to implement legal protection for construction service providers in cases of building failure. 2) What are the weaknesses in implementing legal protection for construction service providers in cases of building failure so that they are not yet fair. 3) How to reconstruct legal protection for construction service providers in cases of building failure based on the value of justice. The approach method used is empirical juridical. In this study, the theory used is the Pancasila Justice Theory. The results of the study found that the implementation of legal protection for construction service providers, especially related to building failure problems, has not been based on the principle of justice because building failure problems should be resolved through civil law and administrative sanctions, not criminal action. And related to various weaknesses in the implementation of legal protection are still found, where this is caused by the weakness of existing legal regulations, law enforcement structures and community culture.]]>
