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Vika Fransisca
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Asian Journal of Social and Humanities
Published by Pelopor Publikasi Akademika
ISSN : -     EISSN : 29634946     DOI : https://doi.org/10.59888/ajosh
Core Subject : Science, Education, Social,
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Asian Journal of Social and Humanities is a scientific journal in the form of research and can be accessed openly. This journal is published once bimonthly by Beritrust Publisher. Asian Journal of Social and Humanities provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be empirically examined. The journal publishes original research articles in Social and Humanities. Social Sciences: covers a broad range of disciplines including Cultural Studies, Engineering, Health, Agriculture, Political Science, Communication, Economics, Law, and Education that are included in the social context. Humanities: covers a broad range of topics in ancient and modern languages, literature, philosophy, history, archaeology, anthropology, human geography, law, religion, and art. The articles published are derived from critical and comprehensive research, studies, or scientific studies on important and current issues or reviews of scientific books.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 1,152 Documents
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Beyond Digital Borders: A Comparative Analysis of Legal Frameworks for Digital Evidence in Child-Related Crime Investigations Nurlaela, Siti Chusnul; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.565

Abstract

Digital evidence in child-related crime investigations presents unique challenges for legal systems worldwide, particularly as such crimes increasingly transcend national borders. The intangible, volatile, and jurisdictionally complex nature of digital evidence raises fundamental questions about how different legal frameworks address collection, preservation, and admissibility in these sensitive cases. Objectives. This study aims to identify and analyze key differences in legal frameworks governing digital evidence in child-related crime investigations across the European Union, United States, and United Kingdom, with specific focus on authority requirements, procedural standards, and cross-border evidence exchange mechanisms. Methods. Through comparative legal analysis of primary legal texts, case law, and secondary literature, this research examines the procedural requirements, technical standards, and jurisdictional approaches to digital evidence across the selected jurisdictions. Research Findings. The analysis reveals distinct regulatory models: the EU employs a structured judicial oversight model through instruments like the European Investigation Order and the emerging e-evidence package; the US CLOUD Act facilitates direct public-private cooperation through streamlined court orders and bilateral agreements; and the UK relies on Criminal Procedure Rules and traditional Mutual Legal Assistance Treaty processes with emphasis on maintaining strict chain of custody. Significant variations exist in authority requirements, technical standards for evidence authentication, and mechanisms for cross-jurisdictional cooperation. These jurisdictional differences create practical challenges for cross-border investigations, particularly concerning cloud-stored data and child sexual abuse material. The study proposes a harmonized approach that balances investigative efficiency with privacy protections and addresses the unique vulnerabilities of child victims, while respecting different legal traditions.
Exploration of the Role of Game Theory in Increasing the Effectiveness of Competition Law Enforcement and the Reality of Its Implementation in the Field Noeri, Irsyad; Soesatyo, Bambang
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.566

Abstract

Competition law enforcement is a critical instrument in creating a healthy and competitive market climate. In this context, game theory serves as an analytical framework to map strategic interactions between business actors, particularly in cases involving collusion, cartels, and other anti-competitive behaviors. This study explores the extent to which game theory has been implemented in Indonesia’s competition law enforcement, covering the investigation, evidence-gathering, and decision-making processes. By using a normative and juridical-empirical approach, this study reveals a gap between the theoretical potential of game theory and its limited practical application due to regulatory constraints, institutional capacity, and lack of technical expertise among law enforcers. The findings emphasize the importance of aligning economic theory with legal instruments to improve the effectiveness of competition law enforcement. As a strategic recommendation, the study suggests strengthening institutional capabilities through specialized training, issuing technical guidelines on economic analysis, enhancing data transparency, and promoting stronger collaboration between regulators and academia to ensure broader integration of game theory in practice.
The Urgency of Using Electronic Evidence in Trials as an Effort to Answer the Challenges of Law Enforcement in the Digital Era and Social Media Dynamics Sujatmiko, Bambang; Soesatyo, Bambang
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.567

Abstract

The rapid advancement of information technology has transformed many aspects of legal proceedings, particularly in the area of evidence. One of the most urgent adaptations is the use of electronic evidence in court trials, especially in response to the increasing influence of social media on legal processes and public perception. This article examines the urgency of integrating electronic evidence in judicial practice in Indonesia, exploring both its legal basis and implementation challenges. Drawing on a normative legal method, the study analyzes key regulations such as the ITE Law, PERMA No. 1 of 2019, and relevant jurisprudence. The findings reveal that while electronic evidence is legally recognized, its effective application is hindered by the absence of clear procedural norms in the Criminal Procedure Code, inconsistent judicial interpretations, and the lack of technical capacity among law enforcement officers. Challenges also arise in authenticating complex digital evidence and ensuring cybersecurity within the e-court system. Despite these obstacles, the study highlights that electronic evidence significantly contributes to transparency, efficiency, and the integrity of modern trials. To optimize its use, reforms are needed in both regulatory frameworks and institutional readiness. This includes revising the Criminal Procedure Code, enhancing digital forensic training, and securing digital infrastructures. Ultimately, the use of electronic evidence is not only a technical necessity but also a strategic instrument for ensuring justice in an increasingly digital society.
Analysis of the Development and Implementation of Regulations Related to the Implementation of Electronic-Based Government Systems in Indonesia to Improve Public Services Ulum, Bahrul; Soesatyo, Bambang
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.568

Abstract

The implementation of the Electronic-Based Government System (EGO) in Indonesia is a critical step to improve the efficiency and quality of public services. The regulations underlying the implementation of EGO, such as Presidential Regulation No. 95 of 2018 concerning the Electronic-Based Government System, aim to encourage digital transformation in government bureaucracy. However, even though these regulations already exist, challenges in their implementation still arise, both in terms of infrastructure, human resources, and system integration between government agencies. This study aims to analyze the development of regulations that support the implementation of EGO and evaluate their implementation in the context of improving the quality of public services in Indonesia. By understanding the challenges and potential of EGO, it is expected that more effective policies can be created to accelerate digital transformation and increase government transparency and accountability in serving the public.
Legal Void in the First to File Principle in the Trademark Registration System in Indonesia and Its Implications for Trademark Ownership Disputes Oscar, Kristofer; Soesatyo, Bambang
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.569

Abstract

The trademark registration system in Indonesia constitutionally adheres to the First to File principle, namely that the right to a trademark is granted to the party who first legally files for registration. However, in practice, this principle often gives rise to legal issues, especially when there is a dispute over trademark ownership between the party who registered first and the party who first used the trademark in real terms. This phenomenon indicates a legal vacuum in the trademark registration system in Indonesia, where the First to File principle does not always reflect fair and substantial legal protection for the actual trademark owner. This study aims to further analyze the weaknesses of the First to File principle, as well as to examine the extent to which the applicable legal system can protect legitimate trademark ownership, especially in the context of dispute resolution.
Dynamics of the Development of Mineral and Coal Mining Legal Policy Management by Regional Governments Rahardjo, Anthony; Herman, KMS
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.570

Abstract

This research aims to analyze the dynamics of mining policy in Indonesia from the colonial era to the modern era, focusing on regulatory changes, their impact on the national and regional economies, and the challenges in managing mining resources. The research method used is a normative juridical method with a legislative approach (statute approach) and a historical study involving an analysis of various legal regulations, from the Indische Mijnwet 1899 to the latest Minerba Law. The results show that Indonesia’s mining policies have undergone significant changes, from colonial exploitation that benefited the Dutch East Indies government, to post-independence nationalization facing technological and capital limitations, and to openness to foreign investment during the New Order era, which accelerated the growth of the mining industry but led to regional economic imbalances and environmental degradation. Reform brought decentralization of authority to regional governments, which, on one hand, increased local revenues but also caused governance issues due to weak oversight. To address this, the government regained full control over the mining sector through the Minerba Law to ensure effective management and legal certainty for investors. However, the main challenge still faced is how to balance national interests, regional welfare, and environmental sustainability so that mining resources can be managed fairly and sustainably.
The Impact of Regulatory Changes on Foreign Investment in the Transition from Contracts of Work and Coal Mining Venture Agreements to Special Mining Business Licenses Sumartono, Sumartono; Redi, Ahmad
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.571

Abstract

Foreign investment plays a crucial role in supporting Indonesia's economic growth, especially in strategic sectors such as mineral and coal mining, which contribute extensively to state revenues and job creation. As a sector with a high dependence on capital and technology, the presence of foreign investors is a primary factor in driving the exploration, production, and processing of natural resources. This study seeks to evaluate the extent to which legislative protection is provided to foreign investment in the mining sector, especially in the transition from the Work Contract (KK) and Coal Mining Business Work Agreement (PKP2B) to the Special Mining Business License (IUPK). By using normative legal research methods through a literature approach, this study examines various key regulations governing foreign investment in the mining sector, including the cooperation required between foreign investors and domestic capital. The research findings show that the regulatory transition policy has changed the dynamics of foreign investment in this sector, especially with the divestment obligations and cooperation requirements with national business entities, which aim to increase government control and encourage the independence of the domestic mining industry. However, the existing regulations that serve as basic guidelines for foreign investment remain challenging, as legal uncertainty, dynamic policy changes, and advanced fiscal burdens continue to be core issues for foreign investors in maintaining the stability and sustainability of their businesses in Indonesia.
Restorative Justice in Criminal Acts of Losing Human Life from an Economic Perspective Marwa, Soffa; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.572

Abstract

This study analyzes in depth the implementation of restorative justice (RJ) in the crime of killing a person in Indonesia from an economic perspective. Using qualitative methods with normative legal and conceptual approaches, and secondary data analysis, this study examines the potential benefits and challenges of implementing RJ in murder cases. The results of the analysis show that RJ has the potential to offer social and economic benefits—such as better victim recovery, potential reduction in long-term criminal justice system costs, and reduced recidivism—compared to retributive approaches. However, its implementation in Indonesia faces significant obstacles, including regulatory fragmentation, institutional resistance, public perception, and limited resources and local empirical data. While immediate cost savings may be limited for serious cases, the potential long-term socio-economic benefits of recovery and social cohesion could be substantial. Effective implementation requires legal harmonization, resource investment, paradigm shift, and the development of clear guidelines. The findings of this study highlight the economic and social potential of implementing restorative justice (RJ) in Indonesia’s criminal justice system, particularly in cases of homicide. From an economic perspective, RJ could reduce the long-term costs associated with the criminal justice process, such as incarceration and administrative expenses, by focusing on rehabilitation and reintegration of offenders.
Coaching Culture Implementation Strategy in Improving Company Performance: PT Neural Technologies Indonesia Case Study Setiatmoko, Trie; Ma’arif, Mohamad Syamsul; Suhendi, Suhendi
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.573

Abstract

In today’s competitive business environment, companies face the dual challenges of improving performance and retaining qualified employees. One strategy gaining recognition is the development of a coaching culture, which has been shown to positively impact both organizational performance and employee retention. This study examines the implementation of a coaching culture at PT Neural Technologies Indonesia, analyzing the strategies employed and their effects on company performance. Using a mixed-method approach, this study combines quantitative data from SEM-PLS with qualitative insights from in-depth interviews and strategy analysis through the Eckenrode method. The results indicate that a strong coaching culture, driven by leadership commitment, coaching competence, and integration into management processes, significantly enhances company performance and employee retention. Notably, the ESQ 3.0 Coaching model was effective in fostering intrinsic motivation and aligning individual goals with organizational objectives. Practical recommendations for enhancing coaching culture include prioritizing leadership commitment, offering continuous coaching competency development, and embedding coaching practices into the organizational structure. These strategies are crucial for sustaining a coaching culture that contributes to long-term performance improvement and employee engagement. This study highlights the importance of leadership in creating a supportive coaching environment and suggests that a well-implemented coaching culture is integral to achieving business success.
Regulatory Shifts and Legal Certainty in Cryptocurrency Trading: Towards an Integrated Supervision Model in Indonesia Berutu, Jundri R.; Yuhelson, Yuhelson; Prasetyo , Dedy Ardian
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.578

Abstract

The rapid growth of cryptocurrency trading in Indonesia reflects the increasing integration of digital assets into the national economy. Initially classified as tradeable commodities under the supervision of the Commodity Futures Trading Regulatory Agency (BAPPEBTI), cryptocurrencies have recently been repositioned within the financial sector's regulatory framework, following the enactment of Law No. 4 of 2023 on Financial Sector Development and Strengthening (UU PPSK). This study analyzes the legal and institutional implications of shifting supervisory authority to Indonesia's Financial Services Authority (OJK) and examines the regulatory challenges in ensuring legal certainty within this evolving digital asset landscape. Using a normative legal research method with statutory, conceptual, and comparative approaches, the findings reveal that Indonesia’s regulatory landscape remains fragmented and transitional. The absence of a unified and substantive legal framework, combined with institutional overlap and limited technological oversight capacity, undermines investor protection and market integrity. This paper recommends the formulation of a dedicated cryptocurrency law, the adoption of digital supervision mechanisms, and strengthened inter-agency coordination to build a coherent and future-proof legal regime. The novelty of this research lies in its critical examination of Indonesia’s regulatory transition and its proposal for a unified digital asset governance model. The study contributes to the growing body of scholarship on digital financial regulation in emerging markets and offers practical guidance for policymakers navigating the complexities of crypto-asset supervision.

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