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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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Economic Analysis of the Law on Execution of Fiduciary Guarantees After the Constitutional Court Decision Mulyani, Sri; Irianto, Sigit; Erwin Isharyanto, Johan; Idris, Kholik; Santoso, Budi; Fahrurrozie Hidayat, Arief; 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.v1i5.51

Abstract

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.
Community Participation in the Development Plan of Mande Village, Mande District, Cianjur Regency Hesti Geovany, Dede; Rachmawati, Ike; Hegia Sampurna, Rizky
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.v2i4.52

Abstract

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.
Legal Protection For Construction Service Providers in Cases of Building Failure Anrizal, Anrizal; Sami'an, Sami'an; Hardjomuljadi, Sarwono
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.v2i5.53

Abstract

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.
Application of Restorative Justice in Criminal Offences of Domestic Violence Domestic Violence in Indonesia Maharani Tarigan Sibero, Sari; Adianto Mau, Hedwig; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i6.55

Abstract

This research examines the application of Restorative Justice in the settlement of criminal acts of Domestic Violence (DV) in Indonesia using a normative legal approach. The focus of the research lies on analyzing laws and regulations related to the application of restorative justice in handling domestic violence cases. Restorative Justice is proposed as a more humane alternative to the dominant retributive justice system, with the aim of improving relationships between victims and perpetrators and providing space for healing. This research concludes that although the application of Restorative Justice faces significant challenges, such as social norms that discourage victims from reporting and the unpreparedness of law enforcement officials in applying the principles, this approach has the potential to offer a more effective solution in reducing domestic violence. Through an analysis of existing legal policies, this research provides recommendations to strengthen the implementation of Restorative Justice in Indonesia by involving more parties, including law enforcement officials, social institutions, and communities.
Criminal Offence of Online Gambling: An Indonesian Criminal Law Perspective Purba, Reni; Maryano, Maryano; 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.v2i4.56

Abstract

This research aims to analyse the criminal act of online gambling in the perspective of criminal law in Indonesia, focusing on the existing law enforcement mechanisms as well as the challenges faced in eradicating online gambling practices. Although Indonesia has clear regulations related to online gambling, such as those contained in the Criminal Code (KUHP) and the ITE Law, this research found that the implementation of law enforcement still faces major obstacles, especially related to the development of information technology, the accessibility of illegal gambling sites, and problems in proving in court. More effective law enforcement requires the integration of more sophisticated technology, cross-border co-operation, as well as a preventive approach to raise public awareness. This research is expected to provide insights for policy makers, legal practitioners, and the public in addressing the problem of online gambling.
Legal Consequences of Transferring the Name of Land Certificate on Unpaid Sales Anas, Irfan; Cahya Kumala, Yudha; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.57

Abstract

This research examines the legal consequences of the transfer of the name of the land certificate in an unpaid sale and purchase transaction. The purpose of this study is to analyze how the process of transferring land rights can occur even though payment has not been fully implemented, as well as to identify the legal implications arising from incomplete payment in land sale and purchase transactions. Through a normative legal analysis approach, this study concludes that the transfer of land rights that have not been paid in full can lead to legal uncertainty, both in relation to the validity of the transaction and the potential for future property rights disputes. Therefore, stricter regulations and better supervision of land transactions that have not met the full payment requirements are needed. This research is expected to contribute to the development of agrarian law and become the basis for more effective policy recommendations in order to provide legal certainty in the transfer of land rights.
Anthropology and Social Policy: Exploring Social Dynamics in Community Development Meiyani, Eliza; Putri Sadayi, Delila; Hayan Mochammad, Fadhil
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.58

Abstract

This research aims to analyze the impact of social policies on social dynamics and cultural change in Indonesia, with a focus on the education, health, economic empowerment, and social welfare sectors. The method used in this research is a qualitative approach, with secondary data analysis through case studies of social policies implemented between 2014 and 2024. The results show that social policies that support education and women's empowerment have a significant impact on social mobility, gender equality, and political awareness. On the other hand, the social welfare and economic empowerment sectors show a moderate impact on local cultural change. The implications of this research emphasize the importance of policies based on community participation to reduce social inequality and create more inclusive and sustainable cultural change. The findings also provide insights for improving social policies that are more responsive to social dynamics and local cultural values.
Problems of Law Enforcement Against Drug Users (Decision Study Number: 214/Pid.Sus/2024/PN.Mdn) Tiur Melia, Roslina; Azhali Siregar, Mhd.
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.59

Abstract

The distribution and abuse of narcotics are serious national issues that the government considers a threat to the nation’s moral integrity. Perpetrators of narcotics crimes often receive sentences from the courts that do not align with justice or legal certainty. In narcotics cases, key articles such as Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics are commonly used. However, Articles 112 and 127 are often criticized for their vague formulations, leading to multiple interpretations. These ambiguities allow drug dealers to disguise themselves as victims, which may result in lighter sentences and contribute to legal injustice. This research adopts a normative legal approach, systematically analyzing court decisions and applicable laws to understand the criminal sanctions imposed on narcotics offenders. The study found that law enforcement in narcotics cases faces significant challenges, with a strong reliance on criminal penalties. The study further highlights the need for enhanced efforts at local, national, and international levels to combat narcotics-related crimes. In the specific case studied, the Medan District Court sentenced the defendant, Veri Suriana, to six years in prison and a fine of one billion rupiah. Failure to pay the fine would result in an additional six-month prison sentence.
KPK Authority to Investigate, Prosecute, and Prosecute Corruption Offences Connexity Yuliansyah, Riski; Dahlan; M. Jafar
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.61

Abstract

The unclear legal arrangements in Chapter XI of the Criminal Procedure Code (KUHAP), particularly Article 89 to Article 94, have created legal uncertainty for the KPK in carrying out the functions of investigation and prosecution of koneksitas cases. This has resulted in weak coordination between the KPK and military institutions, which has an impact on suboptimal case handling and potential violations of the principle of justice. This research uses normative legal methods with regulatory, conceptual, and case study approaches. The results showed that Article 89 of KUHAP gives priority to the General Court in processing koneksitas cases, but does not explicitly regulate the KPK's authority. This lack of clarity has made it difficult for the KPK to form a joint team with the Military Oditur as stipulated in Article 89 paragraph (2) of KUHAP. This lack of legal certainty is a major obstacle in the effort to enforce a just and effective law.
Characteristics and Competencies of DPRD Members to Support Good Governance in the Region Idris, Kholik
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.62

Abstract

This paper aims to examine the characteristics and competencies of members of the Regional Representatives Council (DPRD) in supporting good governance in the region. This research uses a normative juridical method with a document study approach as a data collection technique. The main focus of the research is on the characteristics, competencies, and behavioural patterns of DPRD members required to support the principles of good governance, such as transparency, accountability, and community participation. The results show that the ideal DPRD member must have high integrity, good communication skills, and a deep understanding of public policy. In addition, open and inclusive communication behaviour patterns and the use of information technology are essential to increase public participation in the legislative process. The findings are expected to provide recommendations for improving the quality of DPRD members in carrying out their functions and encouraging active community participation in public decision-making.

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