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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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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.
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. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.52

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. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.53

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.
The Effectiveness of HIV and Aids Prevention Policies in Reducing the Spread Rate in Sukabumi City Alfiah Tautazzanni, Arla; Purwanti, Dian; Fajar FY. Basori, Yana
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.v1i5.54

Abstract

This study aims to evaluate the effectiveness of HIV/AIDS control policies in Sukabumi City based on indicators of goal achievement, integration, and adaptation. With a qualitative approach and case study method, data is collected through interviews, observations, and document studies. The informants included health officials and people living with HIV/AIDS. The results of the study show that the policy is quite effective with the provision of free health facilities, socialization programs such as "KPA Goes to School," and pentahelix collaboration involving the government, communities, academics, media, and NGOs. Obstacles are still found, including stigma against ODHA and less optimal information distribution. This research contributes to adding scientific insights related to the effectiveness of public policies, especially in HIV/AIDS control, as a reference for evaluating and improving similar policies in other regions. In addition, the findings of this study provide practical recommendations to strengthen cross-sectoral work, optimize social media as an educational tool, and develop inclusive strategies for vulnerable groups. In conclusion, this policy is able to reduce the spread of HIV/AIDS by improving several aspects of the identified implementation.
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. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.55

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. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.56

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.

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