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Law & Pass : International Journal of Law, Public Administration and Social Studies
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 75 Documents
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Justice, Mercy, and the Spirit of Law: Reconsidering Punishment, Accountability, Protection, and Human Dignity Ossama S. Qatrani
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.120

Abstract

This article examines the moral purpose of law through the relationship between justice, mercy, accountability, human dignity, and the spirit of law. It addresses whether law should primarily function as an instrument of punishment, deterrence, correction, guidance, protection, institutional restraint, or revenge. Using an interdisciplinary comparative and reflective approach, the study examines Islamic ethical teachings, ancient legal traditions, constitutional principles, human-rights standards, judicial decisions, restorative justice, executive clemency, procedural safeguards, and contemporary challenges to access to justice. The analysis demonstrates that the legitimacy of law depends not only on the existence of formal rules but also on how those rules are interpreted and applied within particular human circumstances. Mercy does not eliminate accountability, while justice should not be reduced to punishment. A humane legal system must distinguish deliberate wrongdoing from error, coercion, vulnerability, ignorance, and genuine repentance. The article proposes a five-lens model consisting of text, purpose, intention, harm, and proportionality and reform. The model provides an analytical framework for maintaining legal certainty while preventing justice from becoming mechanical cruelty or revenge. Ultimately, the spirit of law represents the moral commitment to protect human dignity, restrain power, repair harm, and preserve the possibility of responsible human reform.
Child-Centered Justice in Domestic Sexual Violence Cases: A Doctrinal Analysis of Supreme Court Decision No. 243 K/Pid.Sus/2020 Widodo Ramadhana; Yohana Ayu Sartika Telaumbanua; Barryl Wilfred Joshua Rohtuahdo Purba; Ananda Safron
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.122

Abstract

Child sexual violence within the family presents a distinctive legal problem because the perpetrator may simultaneously occupy a position of trust, authority, and domestic power. This article examines Supreme Court Decision No. 243 K/Pid.Sus/2020 concerning sexual violence committed by a stepfather against his stepdaughter. The study uses doctrinal legal research with statutory, case, conceptual, and analytical approaches. Primary legal materials consist of the Supreme Court decision and relevant Indonesian legislation, while secondary materials include peer-reviewed scholarship on child sexual abuse, victimology, sentencing, and victim-centered justice. The analysis finds that the case demonstrates the importance of treating the child not merely as evidence in criminal proceedings but as a rights-bearing victim whose safety, dignity, recovery, and participation must inform judicial reasoning. The twelve-year imprisonment imposed in the case reflects recognition of the seriousness of repeated sexual violence within a domestic relationship. However, punishment alone does not exhaust the state's protection obligation. The contemporary legal framework, particularly the Child Protection Law and Law No. 12 of 2022 on Sexual Violence Crimes, requires a broader response encompassing confidentiality, psychosocial recovery, restitution, procedural protection, and prevention of secondary victimization. The article proposes a child-centered sentencing framework that connects accountability with victim recovery and institutional coordination.
Algorithmic Administrative Authority: Reconstructing the Legal Boundaries of Government Power in the Age of Artificial Intelligence Laura Dehaibie; Frank C. Maes
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.123

Abstract

The rapid integration of artificial intelligence (AI) into public administration is transforming the institutional conditions under which governmental power is exercised. Administrative law has traditionally located public authority in legally empowered institutions and identifiable human officials who are expected to deliberate, give reasons, consider relevant circumstances, and remain accountable for the legality of their decisions. Algorithmic decision-making complicates this model. An AI system may classify individuals, predict risks, rank cases, recommend outcomes, or automatically determine administrative results while remaining outside the formal architecture of public authority. This article asks whether existing administrative-law doctrines are capable of controlling this technologically mediated exercise of governmental power. Using normative legal research with statutory, conceptual, doctrinal, and comparative approaches, the article examines administrative discretion, delegation, legality, reason-giving, human oversight, accountability, equality, and judicial review in the context of AI-assisted government. The analysis argues that the principal legal problem is not that algorithms become autonomous holders of public authority, but that they can acquire de facto influence over the substance of governmental decisions. To address this problem, the article develops the concept of algorithmic administrative authority and proposes a five-part framework based on legal attribution, bounded algorithmic discretion, procedural algorithmic transparency, institutional responsibility, and effective human and judicial review. The article argues that the greater the algorithmic influence over a legally consequential decision, the stronger the corresponding public-law safeguards must be. This framework seeks to preserve technological innovation while reaffirming the foundational principle that governmental power remains subject to law.
Artificial Intelligence and the Right to Equal Education: A Legal Framework for Algorithmic Educational Justice Sally Awad Elsakka; Nasr Al-Sayed Rashid; Hassan H. Ghofair
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.124

Abstract

The rapid adoption of artificial intelligence (AI) in education is reshaping how learners access knowledge, receive instruction, are assessed, and are classified by educational institutions. Although AI can expand personalization, accessibility, and educational efficiency, its deployment may also generate new forms of inequality through unequal access to advanced technologies, algorithmic bias, opaque profiling, data-intensive surveillance, and differential quality of AI-mediated learning. This article examines whether the traditional legal conception of the right to equal education remains adequate in an increasingly algorithmic educational environment. The study employs normative legal research using statutory, conceptual, doctrinal, and comparative approaches. It examines international human-rights standards, contemporary AI governance frameworks, education law, and emerging national approaches to AI in education. The analysis argues that formal equality is insufficient where algorithmic systems distribute educational opportunities differently according to data, infrastructure, digital competence, socioeconomic status, or model performance. The article develops the concept of Algorithmic Educational Justice and proposes a seven-dimensional framework encompassing equal access, algorithmic non-discrimination, educational autonomy, data dignity, explainable education, institutional accountability, and effective remedy. The article concludes that AI should be governed as an educational justice issue rather than merely as a technological innovation. The right to equal education must extend to the conditions under which algorithmic systems allocate educational opportunities, and states must ensure that technological transformation does not convert existing educational inequalities into durable algorithmic inequalities.
Beyond Compliance: Legal Capability as a Dynamic Strategic Resource for Sustainable Competitive Advantage Anwar Anwar; Romansyah Sahabuddin; Chalid Imran Musa; Deddy Ibrahim Rauf
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 3 (2026): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i3.125

Abstract

Organizations increasingly operate in environments where regulatory change, technological disruption, and institutional uncertainty directly affect the feasibility and timing of strategic decisions. Yet law is still frequently treated as a compliance boundary rather than as a strategic capability. This article develops Strategic Legal Capability (SLC) as a higher-order organizational capability through which firms sense, interpret, orchestrate, and convert legal and regulatory change into strategic adaptation and sustainable competitive advantage. An integrative literature review combines insights from the resource-based view, dynamic capabilities theory, institutional theory, legal astuteness, legal strategy, and nonmarket strategy. The synthesis identifies four mutually reinforcing dimensions of SLC: legal sensing, legal interpretation, legal orchestration, and regulatory opportunity conversion. The article proposes that SLC improves strategic decision quality and organizational resilience by expanding the firm's feasible strategic options under regulatory uncertainty. It further argues that regulatory complexity, technological disruption, institutional uncertainty, and artificial-intelligence intensity condition the value of SLC. The resulting framework reframes law from an exogenous constraint into an endogenous capability for strategic adaptation. The article contributes a unified construct, a set of testable propositions, and a research agenda for integrating law more deeply into contemporary strategic management.

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