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Vifada Assumption Journal of Law
Published by Yayasan Vifada Cendikia Indonesia
ISSN : -     EISSN : 29871263     DOI : https://doi.org/10.70184/g99fyy65
Core Subject : Humanities, Education,
Humanities Other
Vifada Assumption Journal of Law encourages courageous and bold new ideas, focusing on contribution, theoretical, managerial, and social life implications. Vifada Assumption Journal of Law welcomes papers, These may include but are not limited to : Employment, and food, as well as the advantages and disadvantages of globalization from transnational and global perspectives. various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, Gender and poverty, Governance Law Science Social policy, Social development, Social and health governance, Social welfare, Social Security Social Protection Sustainability Development Goals (SDG) The Vifada Assumption Journal of Law seeks to publish articles that address the intersections of social issues, law science, governance, politics, and policies at various levels or scales — transnational social movements and non-governmental organizations; international intergovernmental organizations, and world-regional and transregional intergovernmental institutions and groupings — using a global or transnational analytical framework. Focusing on aspects of social policy and social governance and factors of globalization and policy diffusion, broadly defined, in both contemporary and historical contexts, the journal serves academic and policy-making or advocacy audiences across the global North and South. Contributions from across all disciplines and fields of study from a wide range of theoretical and political perspectives are strongly encouraged.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 74 Documents
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Implementability Gaps in Papua Special Autonomy Governance : Regulatory Synchronization, Indigenous Peoples’ Rights, and Sustainable Development Yohanna YR Watofa; Nur Asmarani; Ali Rahman
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/308xn915

Abstract

Purpose: This study examines implementability gaps in Papua Special Autonomy governance by focusing on the disconnection between formal legal mandates and their operational execution, particularly in relation to regulatory synchronization, indigenous peoples’ rights, institutional accountability, and sustainable development. Research Design and Methodology: This study employs a normative-empirical socio-legal approach combining doctrinal mapping of Papua Special Autonomy’s legal framework with a synthesis of peer-reviewed empirical studies published mainly between 2021 and 2025. Findings and Discussion: The findings show that governance underperformance in Papua is associated less with the absence of legal norms than with delayed delegated regulations, heterogeneous technical standards, weak coordination outputs, uneven district capacity, and participation procedures that are not consistently traceable to final policy choices. Implications: This study offers a mechanism-based framework for assessing implementability gaps in special autonomy governance and proposes a staged reform pathway, supported by digital coordination, to strengthen accountability, improve traceable participation, and support more sustainable and rights-sensitive governance in Papua.
Legal Framework Governing Security and Fiduciary Collateral Repossession Service Providers in Financing Companies’ Asset Recovery Operations Richard; Agus Sudrajat
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/1sy5yk49

Abstract

Purpose: This study aims to analyze the legal position of security and fiduciary collateral repossession service providers and to examine the legal framework governing fiduciary asset recovery practices in Indonesia following Constitutional Court Decision No. 18/PUU-XVII/2019. Research Design and Methodology: This study employed a normative juridical research design using statutory, conceptual, and case approaches through the analysis of fiduciary security regulations, the Indonesian Civil Code, judicial decisions, and relevant legal doctrines. Findings and Discussion: The findings reveal that repossession service providers occupy a derivative legal position based on a civil law mandate (lastgeving), whereby their authority depends entirely on the legality of creditors’ executorial rights. However, the absence of explicit regulations concerning their legal status, authority, accountability, and operational boundaries has created legal uncertainty, normative disharmony, and increased risks of criminalization and social conflict. The findings further demonstrate a substantial discrepancy between normative expectations and practical implementation in fiduciary asset recovery practices. This study proposes an integrated fiduciary asset recovery governance model that combines explicit legal recognition, standardized operating procedures, institutional supervision, and human rights safeguards. Implications: These findings provide important implications for policymakers and financing institutions by promoting a more transparent, accountable, and sustainable fiduciary asset recovery system, while also offering a foundation for future socio-legal and comparative studies on fiduciary security governance. 
Understanding the Interplay Between Legal Morality, Corruption Penalization, and Public Patronage Culture: Evidence from a Systematic Literature Review Appe Hutauruk; Fendi Maruba Parlindungan Hutahaean
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/2s3k9342

Abstract

Purpose: This study analyzes the ineffectiveness of normative-positivistic and repressive approaches to corruption eradication. It examines corruption's philosophical multidimensionalities, including justice concepts, and explains how power patronage, nepotism, and policy manipulation distort essential justice and undermine the welfare state. Research Design and Methodology: This study uses a normative research method combining a Systematic Literature Review (SLR) following PRISMA 2020 guidelines analyzing 87 articles with normative juridical analysis using statute, conceptual, and case approaches. Findings and Discussion: Corruption regularly destroys Aristotelian distributive and corrective justice and acts as the antithesis of John Rawls's just society by diverting resources to those with power. Corrupt public officials betray the legal system's internal morality, and Indonesia's entrenched patronage networks prioritize personal loyalty over formal bureaucracy, rendering current penalization ineffective at producing a deterrent effect. Implications: He study emphasizes the need for institutional reform to break patronage networks. It recommends treating corruption eradication not merely as a criminal law issue, but as an ethical project to build an anti-corruption state architecture pillared on accountability, transparency, and public integrity.
Restitution for Victims in Juvenile Criminal Justice: Legal Mechanisms, Challenges, and the Path to Justice in Indonesia Ni Kadek Susantiani; Nur Basuki Minarno
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/vcz4ah59

Abstract

Purpose: This study critically examines the normative framework and practical implementation of restitution for victims within Indonesia’s juvenile criminal justice system. It aims to assess whether restitution under UU SPPA effectively reflects restorative justice principles and supports meaningful victim recovery. Research Design and Methodology: The research employs a doctrinal-normative legal method using statutory, conceptual, case, and comparative approaches. Data were collected from legislation, judicial decisions, scholarly literature, and international legal instruments. A comparative analysis was conducted with restitution frameworks in the Philippines and Thailand to identify potential reform models relevant to Indonesia. Findings and Discussion: The study finds that restitution remains narrowly interpreted as financial compensation, limiting recognition of psychological, symbolic, and service-based forms of reparation. Its implementation is further constrained by procedural complexity, fragmented institutional coordination, and limited judicial discretion. Comparative findings reveal that more flexible and community-based restitution mechanisms in the Philippines and Thailand. Implications: The findings suggest the need to broaden the legal definition of restitution, simplify procedures, strengthen institutional support, and introduce alternative forms of victim-centered reparation. These reforms would enhance restorative justice implementation, align Indonesian juvenile justice with international child rights, and provide a stronger foundation for future policy and empirical research.

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