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International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 172 Documents
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Justice in the Administration and Settlement of Bankruptcy Estate by Auction in Relation to the Recovery of Creditors’ Claims Ricki Rahmad Aulia Nasution; Iwan Erar Joesoef; Heru Sugiyono
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.616

Abstract

This study aims to examine the aspect of justice in the administration and settlement of bankrupt assets by the Curator, particularly concerning the repayment of receivables to creditors in the context of auction minutes issued by the KPKNL Samarinda. The research adopts a normative juridical method, legislation approach and conceptual approach, and is connected to a case study approach focusing on the auction process in the bankruptcy case of PT Karebet Mas Indonesia (in bankruptcy). The results of this study indicate that the Curator, in administering and settling unsold bankrupt assets, may proceed with a private sale (underhand sale) with the approval of the supervising judge, based on a limit value obtained from an independent appraiser’s valuation, provided that at least two public auctions have been conducted without success. The distribution of assets to creditors must observe the principle of pari passu pro rata, which ensures equal treatment according to their respective priorities.In the event that the settlement process of the bankrupt estate has been declared completed, yet the creditors have not received full repayment of their claims, the general provisions under Article 1131 of the Indonesian Civil Code shall apply, namely that all of the debtor’s assets constitute collateral for the fulfillment of their debts. This study recommends an amendment to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, to regulate in a detailed, specific, and comprehensive manner the requirements for the underhand sale of bankrupt assets by the Curator. Such regulation is necessary to ensure justice and legal certainty for bankrupt debtors and creditors, particularly regarding the repayment of claims for concurrent creditors.
Analysis of Losses Experienced by Gakoptas in the Dispute Case with PT Torus Ganda: Legal and Economic Perspective: Case Study Analysis of Supreme Court Decision No.2642/K/PID/2006 Aura Preety Adisty; Muhammad Dzaky Epindo; Anu Berkat Kornelius Gulo; Bambang Fitrianto
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.628

Abstract

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.
Legal Liability Framework of a Bankrupt Guarantor (Corporate Guarantee) Toward Creditors in Credit Agreements with Debtors : Analysis of Decision No. 318/Pdt.Sus-PKPU/2022 from the Jakarta Commercial Court Mohammad Rizky Siregar; Muthia Sakti; Iwan Erar Joesoef
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.649

Abstract

This research examines the legal responsibility of corporate guarantors declared bankrupt for their obligations to creditors in loan agreements, analyzing Court Decision No. 318/Pdt.Sus-PKPU/2022/PN Commercial Court Jakarta Central. The study addresses the legal complexities arising when a corporate guarantee becomes insolvent before the principal debtor defaults, creating jurisdictional conflicts between bankruptcy law and guarantee obligations. Using normative legal research methodology with a juridical normative approach, this study analyzes the application of Article 229(2) in conjunction with Article 278(6) of Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations (K-PKPU) and Article 1381 of the Civil Code. The research reveals that the curator's action in obstructing and rejecting PT KawanCicil Teknologi Utama's claim registration against the bankrupt guarantor without proper judicial determination constitutes conduct not based on applicable laws and regulations. The findings demonstrate that when a guarantor is declared bankrupt and the debtor is in default, the Supervisory Judge and Curator must accept PT KawanCicil Teknologi Utama as a creditor with rights to the debtor's assets during asset liquidation proceedings. The study concludes that bankruptcy declaration of a guarantor does not automatically terminate guarantee obligations under Article 1381 of the Civil Code, as bankruptcy is not enumerated among the causes of contract termination. This research contributes to legal certainty in corporate guarantee enforcement within Indonesia's bankruptcy framework and provides recommendations for legislative harmonization between conflicting provisions in bankruptcy law.
Implementation of Social Welfare Based on the Welfare State Theory : Case Study on the Provision of Social Assistance Funds During COVID-19 in Indonesia Aprilian Ismail Nurahsan; Wicipto Setiadi; Taufiqurrohman Syahuri
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.650

Abstract

This research examines the implementation of social welfare through social assistance funds in Indonesia during the Covid-19 pandemic within the framework of the welfare state theory. Using a normative juridical approach with a descriptive-normative character, the study analyzes the legal foundations, the theory of justice, and utilitarianism as conceptual bases. Two approaches Statute Approach and Conceptual Approach are employed to review key regulations (Law No. 13/2011, Law No. 11/2009, Government Regulation No. 39/2012, and other implementing regulations) as well as the concepts of distributive justice, utility, and the capability principle. Secondary data consists of primary, secondary, and tertiary legal materials collected through literature study and qualitatively analyzed. The findings reveal that programs such as Direct Cash Assistance (BLT), the Family Hope Program (PKH), and the Staple Food Card (Kartu Sembako) represent state interventions aimed at correcting inequality and ensuring citizens’ social rights. The application of the principles of social justice, utility, transparancy, accountability, participation, and sustainability has strengthened the legitimacy of social assistance as a redistributive instrument. However, the main challenges lie in the accuracy of the Integrated Social Welfare Data (DTKS), overlapping recipients, limited public participation, and long-term planning that remains reactive to crises. Evaluation of alignment with welfare state principles reveals that social assistance interventions have helped reduce short-term economic burdens but are not yet optimal in empowering recipients toward self-reliance. Based on these findings, it is recommended to regularly update the DTKS, enhance digitalization and data transparancy, expand participatory mechanisms, and integrate social assistance policies into long-term national development strategies. Thus, social assistance funds can serve not only as emergency aid but also as sustainable instruments to realize social justice and inclusive growth.
Public Legal Awareness in Land Registration in Muara Dua Sub-District Yulia Sarah; Mohd. Din; Adwani Adwani
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.651

Abstract

Article 19 paragraph (1) of Law No. 5 of 1960 concerning Basic Agrarian Law (UUPA) explains that to ensure legal certainty, the Government conducts land registration throughout the territory of the Republic of Indonesia according to the provisions stipulated in Government Regulation No. 24 of 1997 concerning Land Registration. However, based on data showing that in Muara Dua Sub-district, Lhokseumawe City, there are still 40% of land plots that have not been certified. The problems in this study are how the legal awareness of the community on land registration in Muara Dua District, Lhokseumawe City, how the role of keuchik as a committee in land registration in Muara Dua District, and how the government's efforts to increase public legal awareness in registering land. This research uses empirical legal methods with a field research approach and case studies. The results showed that public legal awareness in land registration in Muara Dua Kota village was quite high. Keuchik has an important role in increasing public awareness of registering land. Efforts that have been made by the government to increase public awareness in land registration are the Ministry of ATR / BPN conducting System Branding through advertisements, such as advertisements aired on TV.
Potential for Budget Disharmonization in the Management of the Merah Putih Village Cooperative Adnan Hasanudin; Atik Winanti; Aurora Jilena Meliala
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.660

Abstract

This research aims to determine whether the budget formulation of the Merah Putih Village Cooperative is in accordance with the norms and statutory regulations as stipulated in Law Number 25 of 1992 concerning Cooperatives, particularly in relation to Article 33 paragraph (4) of the 1945 Constitution, which emphasizes the principle of independence in the national economy. The results of this study focus on optimizing the establishment of the Merah Putih Village Cooperative to support the formation of national-scale cooperatives that function not only as savings and loan institutions driving the economy, but also address the challenges and risks that may arise from the establishment of the Merah Putih Cooperative. First, the issue of economic scale is crucial. Operations at the village level are often limited by available resources and market reach. Second, human resource capacity is a determining factor. The management of funds amounting to IDR 3–5 billion requires financial, business, operational, and marketing management skills that are not always present in every village. Experience with Village-Owned Enterprises (BUMDes) shows that one of their main challenges is finding local residents who are truly skilled managers. Third, elite capture or control by local elites can become a bottleneck. In villages with weak governance, influential figures may abuse their authority to control the cooperative for personal gain. Similar occurrences are often found in grant programs from Ministries/Agencies or the private sector, where key individuals dominate and exploit these resources for their own interests. Fourth, the risk of fraud.
Limitation of Environmental Organizations' Right to Sue Against Limited Production Forest Area : Case Study of Decision Number: 16/Pdt.G/LH/2023/PN.Bkn Ekko Harjanto; Iwan Erar Joesoef; Irwan Triadi
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.661

Abstract

Environmental law enforcement provides space for environmental organizations to file lawsuits in the interests of environmental conservation as regulated in Article 92 of Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, the right to sue environmental organizations is not always accepted by the courts, especially when it concerns certain areas such as Limited Production Forests. This study aims to analyze the material of environmental organizations' lawsuits based on Decree Number 16/PDT.G/LH/2023/PN.BKN. This study uses a normative juridical method and a case study approach with data sources in the form of court decision documents and related laws and regulations. The results of the study show that in this case, this Decision shows that it recognizes the active role of environmental organizations in supervising and suing permit applications for forest areas. In this case, the plaintiff organization argued that the defendant's actions in carrying out exploitation activities in the Limited Production Forest area had violated the law and harmed the ecological function of the forest, thus fulfilling the elements of an unlawful act as regulated in Article 1365 of the Civil Code. This finding resulted in an understanding of the analysis related to the material of the environmental organization's right to sue as an instrument of social control and supervision of forest area utilization policies.
Coaching Without Going Through the Court Against Suspected Jarimah Violators By Satpol PP and Wh Lhokseumawe Dirmawan Suryadi; Mohd. Din; Ali Abubakar
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.667

Abstract

In Aceh, the provision of guidance is regulated in Articles 5 and 6 of Gubenur Regulation Number 139 of 2016, which states that the main task and function of the Civil Service Police Unit and Wilayatul Hisbah Aceh is the guidance function. Article 1 point 14 of Qanun Number 7 Year 2013 on Jinayat Procedure Law states that the function of Wilayatul Hisbah (WH) is to socialise, supervise, enforce, and foster the implementation of Islamic Sharia. Therefore, there is a problem of interpreting the authority of coaching carried out by Satpol PP and WH of Lhokseumawe City. This study aims to determine the legal basis for the coaching of suspected jarimah violators by Satpol PP and WH of Lhokseumawe City and the legal consequences of coaching suspected jarimah violators without going through the judicial process carried out by Satpol PP and WH of Lhokseumawe City. The research method used is empirical juridical. Data sources are obtained through interviews with respondents and informants. The results of this study indicate that the coaching carried out by Satpol PP and WH of Lhokseumawe city against suspected jarimah violators does not have a clear legal basis. The coaching carried out is only based on a statement signed by the alleged jarimah violator during the investigation and the legal consequences of coaching against jarimah offenders by Satpol PP and WH of Lhoseumawe City without going through the judicial process is carried out without a legal basis which results in serious legal consequences such as the coaching is not legally valid (can be cancelled), violates human rights, and can be sued civilly or criminally prosecuted and reduces public confidence in Sharia law.
The Nature of Bitcoin User Protection Against Transaction Fraud Online in Indonesia Komang Sutriani; Johannes Ibrahim Kosasih; I Made Aditya Mantara Putra
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.668

Abstract

Rapid advances in information technology have fuelled the emergence of digital currencies such as Bitcoin as an increasingly popular means of transaction in Indonesia. However, behind the convenience and speed offered, the use of Bitcoin also poses a high risk of fraud in online transactions. The main objective of this research is to analyse the nature of legal protection for Bitcoin users in Indonesia. This research applies normative juridical method with statutory approach, conceptual approach, case study analysis, and refers to legal protection theory, online transaction theory, and legal economic theory. One of the case studies studied is the High Court Decision 1240/Pid.Sus/2022/PN Tng which reflects the existence of a vacuum and vagueness of legal norms in the protection of Bitcoin users. The analysis shows that although Bitcoin has been regulated under the legal framework of digital asset trading, there are still inefficiencies in the application of legal protection in a comprehensive and effective manner. This research emphasises the need for more progressive regulatory reforms, as well as strengthening the role of law enforcement agencies and financial technology supervisors to ensure fair, certain and comprehensive protection for Bitcoin users in the territory of Indonesia. It is hoped that the results of this research can strengthen theoretical contributions in enriching the development of digital economy law and become a practical reference for policy makers.
Jurisdictional Enforcement Of Cyber Crime Against Lottery Scam Jesslyn Elisandra Harefa; Rahmayanti Rahmayanti; Eri Siswanto; Faruq Rozy; Ireny Natalia Putri Sihite
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.675

Abstract

Cyber crime is increasingly prevalent with various modes, one of which is fraud under the guise of lottery prizes. This crime not only causes financial losses but also complicates law enforcement officials in terms of jurisdiction, especially if the perpetrators and victims are located in different regions, even across countries. This research aims to analyze how jurisdiction is enforced in dealing with cyber-based fraud crimes and examine the effectiveness of national legal instruments against the digital fraud mode. The research method used is a normative juridical approach with secondary data analyzed descriptively-analytically. The results show that jurisdictional enforcement in this case still faces technical and legal challenges, especially in the aspect of inter-state coordination and the limitations of domestic legal instruments in reaching cross-border perpetrators. Strengthening international cooperation and updating national regulations are needed to anticipate the dynamics of cybercrime.

Page 12 of 18 | Total Record : 172

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