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[Issuance of Legally Defective Land Rights Certificates at the Jayapura City Land Office ]]>
<![CDATA[Yoseph Palenewen, James]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i1.69
<![CDATA[This study aims to determine the factors that cause certificates to be legally defective at the Jayapura City Land Office and to determine how to cancel certificates that are legally defective at the Jayapura City Land Office. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials and to see how it is applied through field research. The results of this study revealed that the factors that caused the certificate to be legally defective at the Jayapura City Land Office were 2 (two) main things, namely the first from the applicant himself with dishonesty by making fake documents from blank signatures to parties adjacent to the land, in other words it can be said that the applicant from the beginning had bad intentions with the intention of lying to the land office by entering false data, the second from the Land Office itself because of administrative legal defects such as procedural errors, errors in the application of laws and regulations, errors in the subject of rights, errors in the type of rights, errors in calculating the area, there is overlapping land rights, incorrect legal data or physical data or other errors of an administrative nature and the Way to Cancel a Certificate that is legally defective at the Jayapura City Land Office can be done by means of an application by the relevant party with a court decision that has permanent legal force.]]>
<![CDATA[Kinship System and Customary Government of the Waropen Indigenous Community ]]>
<![CDATA[Tanati, Daniel]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i1.70
<![CDATA[This study aims to determine the kinship system and customary government of the Waropen indigenous community. The research method used is empirical by observing the reality that occurs in the field. The results of this study reveal that the Waropen indigenous community recognizes a local kinship group called "da". Almost all villages in Waropen have three to five "da" which oversee several bawa houses (large and long houses). Family members feel bound by kinship ties that are calculated through the male line. Members of the "da" believe that they come from the same ancestors, although they are often unable to explain these kinship relationships concretely. In Waropen society, larger kinship groups are formed by "ruma bawa" which has two meanings, namely: (1) patrilocal extended family and (2) house as a place to live. Waropen society also recognizes local kinship groups. Its members are bound by kinship ties that are calculated through the father's line (patrilineal). In the customary government system of the Waropen indigenous community, several positions are known in the customary structure, which also provide clues about the boundaries of social stratification. These positions are: Sera Bawa, Mosaba, (Pertuan/ruler/King), Eso (Commander), Rubasa (People's Deputy), Manobawa, Sera-Titibi (Pertuan for groups in small circles/keret) Waribo, and Ghoinino.]]>
<![CDATA[Status of Mortgage Rights on Building Use Rights on Land Whose Term Has Expired ]]>
<![CDATA[Wahyudi, Syafrizal]]>;
<![CDATA[Yusri, Yusri]]>;
<![CDATA[Fitri, Ria]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 2 (2025): June ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i2.71
<![CDATA[Article 18 paragraph (1) of Law No. 4/1996 states that Mortgage Rights are extinguished due to debt repayment, relinquishment by the holder, court order, or extinguishment of land rights. In Batam City, there is a case of a Building Rights Title (SHGB) being used as collateral, but its validity period has expired, and the debtor has not fulfilled their obligations. This research aims to analyze the status and position of Mortgage Rights on an object with an expired Building Rights Title under Indonesian Positive Law, the legal consequences for the holder of the Mortgage Rights on an expired Building Rights Title, and the legal protection for the creditor when the Building Rights Title, as the object of the mortgage, is not extended or renewed. This is normative legal research using the statutory and case approach methods. Data is obtained through literature studies, interviews, and documentation, analyzed using qualitative methods. Mortgage rights are considered extinguished unless the creditor or debtor extends them through a Deed of Mortgage (APHT). The expiration of Mortgage Rights results in the land becoming state property unless it is extended by the debtor or creditor. The expiration of Mortgage Rights does not erase the debtor’s debt, but the creditor's position changes from preferred to concurrent, meaning the creditor no longer has priority in repayment. Creditor protection can be achieved through negotiation for an extension or renewal of the SHGB. If this fails, the bank can sell the mortgage underhand, auction the mortgage, file for bankruptcy, or file a lawsuit. It is recommended that further regulation in the Mortgage Rights Law (UUHT) be established regarding the expiration of Building Rights Titles encumbered with Mortgage Rights.]]>
<![CDATA[Legal Analysis of Joint and Continuing Corruption Crimes in the Misuse of Specialized Personal Medical Devices: A Case Study of Pekanbaru District Court Decision No. 59/Pid.sus.TPK/2018/PN.Pbr ]]>
<![CDATA[Ul Ikhwan, Amri]]>;
<![CDATA[Sidi, Redyanto]]>;
<![CDATA[Rahman Maulana, Abdul]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i1.72
<![CDATA[This study analyzes the legal regulation and accountability concerning joint and continuing corruption offenses involving the misuse of specialized personal medical devices at the Regional Public Hospital (RSUD) Arifin Achmad, based on Pekanbaru District Court Decision No. 59/Pid.sus.TPK/2018/PN.Pbr. Corruption cases in healthcare remain prevalent, particularly involving medical device procurement and utilization. This research employs a normative juridical method by examining legal principles, statutes, and court rulings related to corruption in healthcare. Findings indicate that the corruption charges related to the misuse of specialized personal medical devices may more appropriately fall within civil law rather than criminal law. Furthermore, the hospital institution and its director should bear legal responsibility alongside the defendant and associated parties. The study highlights the importance of rigorous application of regulations concerning state financial losses and stresses that not all cases should be adjudicated as pure criminal acts, adhering to the principle of ultimum remedium. Recommendations include a thorough review and application of relevant legal regulations to ensure fair protection for defendants and uphold justice for the state. This study contributes to strengthening legal certainty and protection in the healthcare sector, particularly against corruption.]]>
<![CDATA[The Role of Village Heads in Resolving Customary Land Disputes in Nendali Village East Sentani District Jayapura Regency ]]>
<![CDATA[Solossa, Marthinus]]>;
<![CDATA[Yoseph Palenewen, James]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 2 (2025): June ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i2.80
<![CDATA[This study aims to determine the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency and to determine the obstacles experienced by the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency. The method used in this study is normative and empirical juridical, namely an approach that refers to legal norms contained in laws and regulations, library materials, written regulations or other secondary legal materials and also sees the reality that occurs in the field. The results of this study reveal that the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency is very important in relation to the rights and obligations in the life of his customary community where a village head is required to be able to play an active role in holding his leadership so that he can organize the community properly, safely and orderly, if there is a problem or dispute that occurs among his customary community, the village head as a mediator to resolve the problem or dispute, acts to restore peace in his customary community and the factors that cause customary land disputes in Nendali Village, East Sentani District, Jayapura Regency, namely the overlapping ownership of customary land, whether the land is used for personal use such as a place to live or shelter or the land is used in groups or together such as a place to farm and graze livestock, where fellow customary communities claim that it is their land while the other party also states that the land is theirs, then the customary land dispute occurs.]]>
<![CDATA[Legal Protection of Geographical Indications in Jayapura City ]]>
<![CDATA[Susi Irianti, Y.D.W]]>;
<![CDATA[Yoseph Palenewen, James]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 2 (2025): June ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i2.81
<![CDATA[This study aims to determine, analyze and explain the mapping of geographical indications in Jayapura City and legal protection of Papuan Geographical Indications in Jayapura City. The type of research used is empirical legal research because it is based on the idea that law is inseparable from the lives of its people in the form of values and attitudes/behaviors carried out so that in the view of empirical science, a normative approach to studying problems related to the protection of geographical indications in Jayapura City Papua is how the law is in reality in people's lives. The results of this study reveal that efforts to map geographical indications are carried out to determine the limits of cases of violation of geographical indications so that holders of geographical indication rights can file lawsuits against users of geographical indications without rights, in the form of compensation payments and termination. Use and destruction of geographical indication labels used without rights through registration and publication. Geographical indications are protected as long as the reputation, quality and characteristics that are the basis for granting geographical indication protection to an item are maintained. And protection will be removed if these provisions are not met, and/or are contrary to state ideology, legislation, morality, religion, decency and public order. While legal protection of geographical indications can be carried out in preventive and repressive forms. Preventive means preventive measures through refusal of registration and repressive payment of compensation.]]>
<![CDATA[Legal Protection for Child Offenders in Conflict with the Law at the West Java High Prosecutor’s Office: A Quantitative Study Based on 2022–2024 Case Data ]]>
<![CDATA[Sabar, Sabar]]>;
<![CDATA[Iryana, Anri]]>;
<![CDATA[William Alphazandra, Arvin]]>;
<![CDATA[Ahmad Jamaludin]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i6.100
<![CDATA[Children in conflict with the law constitute a vulnerable group that requires special legal treatment to safeguard their rights and mitigate the adverse effects of criminal proceedings on their physical, psychological, and social development. In Indonesia, this protection is primarily governed by Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes restorative justice and diversion as the main approaches for resolving juvenile cases. This study examines the regulatory framework, implementation, and effectiveness of legal protection for children in conflict with the law, with particular attention to the application of restorative justice and diversion and the fulfillment of children’s rights at each stage of the criminal justice process. The research employs a normative juridical approach, supported by empirical case data from the West Java High Prosecutor’s Office covering 2022–2024 (n = 788), with cases predominantly involving boys. The findings indicate that although the existing legal framework provides relatively comprehensive safeguards, implementation remains suboptimal due to inconsistent application of norms, weak inter-agency coordination, and limited social support for rehabilitation and reintegration. Strengthening institutional coordination, improving procedural compliance, and expanding community-based support are therefore essential to enhance the effectiveness of child protection within the juvenile justice system.]]>
<![CDATA[Administrative Penal Law Enforcement in Beauty Clinics: Unauthorized Use of Pharmaceuticals and Medical Devices in Indonesia ]]>
<![CDATA[Intan Riani, Marsya]]>;
<![CDATA[Prasetyo, Handoyo]]>;
<![CDATA[Harefa, Beniharmoni]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i6.102
<![CDATA[The rapid growth of beauty clinics in Indonesia has raised significant legal concerns regarding the unauthorized use of pharmaceutical preparations and medical devices, including dermarollers. Although Indonesian health law provides administrative and criminal sanctions, enforcement mechanisms remain fragmented and inconsistently applied. This study examines the enforcement of administrative penal law in addressing unlawful practices in beauty clinics, particularly the misuse of pharmaceuticals and medical devices without proper authorization. This research employs a normative juridical method supported by statutory and case approaches. It analyzes relevant legislation, including health law and medical device regulations, as well as selected court decisions to evaluate how administrative and criminal sanctions are implemented in practice. The findings reveal that enforcement tends to prioritize criminal prosecution while administrative measures—such as license revocation, suspension, and regulatory supervision—are underutilized. This imbalance weakens preventive regulatory control and creates enforcement gaps. The study argues that effective health law enforcement requires an integrated administrative-penal framework that positions administrative sanctions as the primary preventive instrument, with criminal sanctions functioning as ultimum remedium. This research contributes to the development of administrative penal law theory within the context of health regulation and offers policy recommendations to strengthen regulatory coherence in Indonesia’s beauty clinic sector.]]>
<![CDATA[Legal Analysis of the Sale and Purchase of Customary Land Rights in the Sentani Tribe Customary Law Community in Jayapura Regency ]]>
<![CDATA[Yoseph Palenewen, James]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i6.109
<![CDATA[This study aims to determine the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency and to determine the legal protection for buyers in the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency. The method used in this study is empirical juridical, empirical juridical is a field research by identifying and conceptualizing law as a real and functional social institution in the real life system. The results of this study reveal that the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency must obtain approval from the Ondoafi/Customary Leader who has authority over the land, and attended by witnesses, namely the indigenous people, in addition to the sale and purchase agreement must be ratified by the Sentani Tribe Customary Council, which has the function of holding customary trials to make decisions based on deliberation by means of negotiation and mediation. The decisions taken by the Customary Council must be obeyed by the parties concerned and on the basis of customary governance in accordance with customary law. Meanwhile, legal protection for buyers in the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency is that the parties concerned, both the seller and the buyer, come to the Village or Sub-district Office to make an agreement to measure the land to be sold and the Village Head or Sub-district Head and village officials as witnesses that the sale and purchase has taken place, in addition to that, the land is also immediately registered with the National Land Agency by bringing a customary release letter and other requirements needed for administrative purposes in order to obtain legal certainty and legal protection.]]>
<![CDATA[Digital Governance and Community Participation in Urban Public Service Delivery ]]>
<![CDATA[Mehra, Rohan]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v2i6.110
<![CDATA[Digital governance has transformed the interaction between governments and citizens, particularly in urban public service delivery. This study examines how digital platforms influence community participation, transparency, and administrative efficiency in metropolitan contexts. Drawing from interdisciplinary perspectives in sociology, political science, and communication studies, the research explores the role of digital tools in fostering inclusive governance while addressing persistent inequalities in access and digital literacy. The study employs a qualitative-descriptive approach supported by secondary data and case analysis of selected urban governance initiatives. Findings indicate that digital governance enhances responsiveness and citizen engagement when supported by strong institutional frameworks and community outreach programs. However, structural disparities—such as unequal internet access and socio-economic divides—continue to limit participation among marginalized groups. The research highlights the need for policy integration that combines technological innovation with social inclusion strategies. The study contributes to ongoing debates on governance transformation by emphasizing the sociological implications of digital administration and its impact on participatory democracy. Recommendations include strengthening digital literacy programs, ensuring equitable infrastructure, and embedding participatory mechanisms within governance systems.]]>
