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Vika Fransisca
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INDONESIA
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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Strengthening the Authority of Financial Institutions in Preventing Money Laundering and Terrorism Financing in Indonesia to Improve the Effectiveness of the National Financial Supervisory System Kurniawan, Aga; 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.v3i10.563

Abstract

Transnational financial crimes that jeopardize national security and the stability of the financial system include money laundering and financing terrorism. Although Indonesia has a comprehensive legal framework, such as Law No. 8 of 2010 and Law No. 9 of 2013, practices on the ground show that there are still gaps in the implementation of regulations that affect the effectiveness of financial institutions in carrying out their supervisory functions. This study aims to analyze the extent to which regulatory gaps affect the performance of financial institutions, as well as to formulate strategies that can be applied to strengthen their authority in dealing with evolving financial crime methods, including through cryptocurrency and financial technology. Using a normative juridical method with a legislative and conceptual approach, data is analyzed from existing regulations, legal literature, and related policies. The results of the analysis indicate that regulatory harmonization, the utilization of supervisory technologies, and enhanced inter-institutional coordination are the main strategies to strengthen the money laundering and terrorism financing prevention system in Indonesia.
Deconstructing Intentionality: Legal Fallacies in The Indonesian Criminal Code's Approach to Mens Rea Ramadan, Tubagus Ahmad; 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.v3i9.564

Abstract

This study examines the interpretative fallacies surrounding mens rea in Indonesia’s criminal justice system. Disparities in the interpretation of intentionality (opzet) by law enforcement officials and judges often result in significant inconsistencies in legal outcomes. Using a qualitative library research method with legal hermeneutics and critical discourse analysis, this study investigates 150 court decisions from 2020 to 2023 to identify structural and cultural causes of these inconsistencies. The findings reveal that 68% of verdicts contained ambiguity in the construction of mens rea, mainly due to outdated legal frameworks, limited interdisciplinary education, and external pressures. To address this, the study proposes an interdisciplinary reconstruction of the concept of intentionality that integrates insights from cognitive psychology with criminal law doctrine. This includes the development of a nuanced intentionality spectrum and practical tools such as the Intentionality Assessment Protocol (IAP). The findings highlight the complexity of mens rea interpretations within the Indonesian legal system, with substantial variations in judicial decisions. The study proposes a new conceptual framework based on cognitive psychology to bridge gaps in understanding intentionality. Further recommendations for reform include the development of legal education and training systems for law enforcement.
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.

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