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
75 Documents
<![CDATA[Administrative Penal Law Enforcement in Beauty Clinics: Unauthorized Use of Pharmaceuticals and Medical Devices in Indonesia ]]>
<![CDATA[Marsya Intan Riani]]>;
<![CDATA[Handoyo Prasetyo]]>;
<![CDATA[Beniharmoni Harefa]]>
<![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[James Yoseph Palenewen]]>
<![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[Rohan Mehra]]>
<![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.]]>
<![CDATA[Borrowing and Lending Procedures with Fiduciary Guarantee at the Mega Buana Makmur Savings and Loans Cooperative in Jayapura City ]]>
<![CDATA[Biloka Tanggahma]]>;
<![CDATA[James Yoseph Palenewen]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i1.111
<![CDATA[This study aims to determine the lending and borrowing procedures with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) in Jayapura City and to determine the problems that arise in the implementation of lending and borrowing agreements with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) in Jayapura City. The method used in this study is normative and empirical juridical, namely reviewing the laws and regulations including the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 25 of 1992 concerning Cooperatives, Government Regulation Number 9 of 1995 concerning the Implementation of Savings and Loans Business Activities by Cooperatives, and Law Number 42 of 1999 concerning Fiduciary Guarantees as well as seeing the reality that occurs in the field. The results of this study reveal that the implementation of lending and borrowing with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) is through the formation of a lending and borrowing agreement and a fiduciary burden agreement and the problems that arise in the implementation of the lending and borrowing agreement with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) are the existence of default (defective performance), where the Debtor does not keep his promise to the Creditor as agreed by both parties in the credit agreement.]]>
<![CDATA[Beyond Compliance: Integrating Legal Norms, Social Values, and Administrative Practices in Global Governance ]]>
<![CDATA[Karna Biswas Singh]]>;
<![CDATA[Diganta Kailas Bharati]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i1.113
<![CDATA[Global governance has evolved beyond traditional state-centric and compliance-based legal frameworks toward more complex and pluralistic systems of regulation. This article examines the limitations of a purely compliance-oriented approach and proposes an integrated conceptual framework that combines legal norms, social values, and administrative practices. Using a qualitative and normative methodology grounded in interdisciplinary literature, the study analyzes how these three dimensions interact to shape governance outcomes in transnational contexts. The findings reveal that legal norms alone are insufficient to ensure effective governance unless they are aligned with societal values and operationalized through adaptive administrative practices. Social values play a critical role in establishing legitimacy and guiding norm formation, while administrative practices function as the operational mechanisms that translate abstract norms into concrete actions. The study further demonstrates that global governance increasingly relies on hybrid arrangements involving state and non-state actors, soft law instruments, and performance-based regulatory tools. By synthesizing insights from global administrative law, legal pluralism, and governance theory, this article introduces a dynamic and relational model of governance that moves beyond compliance toward normative integration. The proposed framework contributes to theoretical debates by bridging legal, socio-legal, and administrative perspectives, and offers practical implications for policymakers seeking to design more legitimate, adaptive, and effective governance systems in an increasingly complex global environment.]]>
<![CDATA[The Anatomy of Governance Breakdown: Rethinking Authority and Regulation in Fragile Contexts ]]>
<![CDATA[Abdulrauf Atia]]>;
<![CDATA[Entisar Alatrish]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i1.114
<![CDATA[Contemporary governance is increasingly challenged by conditions of fragility, instability, and institutional fragmentation. This article examines governance breakdown as a multidimensional phenomenon that extends beyond institutional failure, focusing on the interplay between authority, regulation, and social legitimacy in fragile contexts. Using a qualitative and conceptual approach grounded in interdisciplinary literature, the study explores how governance systems operate when state authority is fragmented, legal frameworks are pluralistic, and administrative practices are weakened. The findings reveal that governance breakdown is characterized by overlapping and competing sources of authority, disrupted regulatory coherence, contested social values, and ineffective administrative mechanisms. Rather than indicating the absence of governance, these conditions reflect a reconfiguration of governance processes under structural constraints. The study contributes to the literature by reconceptualizing governance breakdown as an analytical framework for understanding the limits of conventional governance models. It highlights that effective governance depends not only on formal legal structures but also on their alignment with social legitimacy and their implementation through functional administrative practices. The article further emphasizes the need for adaptive, context-sensitive governance approaches capable of addressing normative diversity and institutional complexity in fragile environments.]]>
<![CDATA[Algorithmic Colonialism: Artificial Intelligence and the New Structure of Global Power ]]>
<![CDATA[Jose Gama Santos]]>;
<![CDATA[Fiorella Utrera]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i1.115
<![CDATA[The rapid development of artificial intelligence (AI) has transformed the contemporary structure of global power by shifting domination from territorial control toward computational and algorithmic control. This study examines the concept of algorithmic colonialism as a new form of global inequality operating through data extraction, digital infrastructures, and technological dependency. Using a qualitative and conceptual approach, the research analyzes the relationship between AI, surveillance capitalism, platform governance, and geopolitical competition within the framework of postcolonial theory and critical political economy. The findings demonstrate that AI technologies are not politically neutral but function as mechanisms of economic, political, and cultural domination. Multinational technology corporations and technologically advanced states increasingly control global data flows, communication infrastructures, and computational systems, thereby creating asymmetrical dependencies between technologically dominant and digitally dependent societies. The study also reveals that algorithmic systems contribute to surveillance practices, democratic fragmentation, epistemological inequality, and the concentration of technological power within a limited number of global actors. Furthermore, the geopolitical competition surrounding AI development intensifies global inequality by reinforcing technological dependency and limiting digital sovereignty in developing countries. This article argues that algorithmic colonialism represents a contemporary continuation of historical colonial logic operating through digital mechanisms rather than physical occupation. The novelty of this study lies in its interdisciplinary integration of postcolonial theory, digital political economy, and AI governance into a unified conceptual framework explaining how artificial intelligence restructures global political authority in the digital era. Ultimately, the study emphasizes that struggles over data ownership, technological sovereignty, and computational governance will become defining political challenges of the twenty-first century.]]>
<![CDATA[Between Order and Disorder: Legal Authority and Social Legitimacy in Transitional Governance ]]>
<![CDATA[Richard Kwadzo Doe-Dartey]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i1.116
<![CDATA[This article examines the relationship between legal authority and social legitimacy in transitional governance. Transitional societies often experience institutional fragility in which constitutional legality alone is insufficient to maintain political stability and public trust. Using a qualitative normative approach, this study analyzes how governance authority is negotiated between formal state institutions and socially embedded actors within contexts of political transition, post-conflict reconstruction, and institutional uncertainty. The findings indicate that legal authority frequently weakens when disconnected from social legitimacy, while informal governance structures may gain stronger societal recognition despite lacking formal constitutional status. The study introduces the concept of “legitimacy-fluid governance,” referring to the dynamic shift of authority between formal and informal institutions depending on political performance, public trust, and social acceptance. The article argues that sustainable transitional governance requires balancing institutional legality with inclusive participation and socially grounded legitimacy. This study contributes to governance and socio-legal scholarship by offering an interdisciplinary framework for understanding governance between order and disorder in contemporary transitional societies.]]>
<![CDATA[Local Government Authority in the Management of Public Utility Cables: A Case Study of Handil Bakti Village, Barito Kuala Regency ]]>
<![CDATA[Lutfia Fitri Naila]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 2 (2026): June ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i2.92
<![CDATA[The study aims to analyze the authority of local governments in regulating public utility cables within the framework of constitutional law and administrative law. The research focuses on the disorganized condition of utility cable installations in Handil Bakti Village, Barito Kuala Regency, which generates legal issues concerning public safety, environmental order, and the effectiveness of public service delivery. The absence of technical regulations and the weakness of supervisory mechanisms at the regional level have led to unauthorized installations and potential maladministration. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data are derived from legislative instruments, official government documents, and the 2024 findings of the Ombudsman of the Republic of Indonesia, South Kalimantan Representative. Comparative analysis is conducted with the Integrated Utility Network (JUT) model implemented in Medan City, as examined by Subarna, Wisdianti, and Andriana (2024). The results demonstrate that local governments possess a firm legal basis for the regulation of utility cables under Law No. 23 of 2014 concerning Local Government and Law No. 25 of 2009 concerning Public Services. The implementation at the local level remains suboptimal due to the absence of derivative regulations, weak interagency coordination, and limited legal enforcement. The research recommends the formulation of a Regent Regulation on Utility Cable Management, the utilization of administrative discretion for provisional enforcement, the establishment of an inter-agency task force, the adoption of digital monitoring mechanisms, and the active participation of the community and the Ombudsman in supervision. These measures are directed to reinforce the legitimacy of local government authority and to realize an effective, orderly, and equitable system of public utility governance.]]>
<![CDATA[Regulation of CRISPR-Mediated Genome Editing in Humans: An Indian Perspective ]]>
<![CDATA[Manveen Singh]]>;
<![CDATA[Aditi Morale]]>
<![CDATA[ LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 2 (2026): June ]]>
Publisher : <![CDATA[PT. Multidisciplinary Press Indonesia ]]>
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DOI: 10.47353/lawpass.v3i2.117
<![CDATA[November 2025 marked seven years since a Chinese biophysicist declared having used the controversial CRISPR technology to produce the world’s first genome-edited baby. Much before this unprecedented application of CRISPR, the scientific community has been rallying for an international moratorium on heritable genome editing in humans. Although global consensus makes room for uninheritable gene therapies, but the regulatory approvals for CRISPR-mediated gene therapies have only just begun to be considered. What lies ahead is an uphill battle for responsible and uniform policymaking, as well as public acceptance of novel gene-editing techniques in the backdrop of localized social, political, and religious affiliations. This paper aims to analyze several legal frameworks governing the use of CRISPR technology in humans, with a particular focus on Indian biotechnology regulations. It further identifies crucial shortcomings in the existing biomedical policies and carves a pathway for better regulation and widespread acceptance towards this groundbreaking technology.]]>
