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Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319714     EISSN : 30319730     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 166 Documents
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Kerjasama Bilateral Indonesia-Jepang Melalui Program The Japan Foundation Ulan Purnamasari; Aulia, Yuni; Marsella Marsella
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.741

Abstract

This study examines bilateral cooperation between Indonesia and Japan which is realized through The Japan Foundation program, with an emphasis on cultural diplomacy as a soft power approach. Using descriptive methods and qualitative analysis of secondary data, this study reviews the contribution of The Japan Foundation in strengthening the relationship between the two countries in the cultural, educational, and economic sectors. The findings suggest that activities such as Japanese language learning, cultural festivals, and art exchanges play an important role in building cross-cultural understanding. Activities such as Ennichisai in Jakarta, cultural collaboration between Yogyakarta and Kyoto, and community empowerment initiatives in Bandung are proof of the success of this approach. Despite the disparity in cultural influence, Japanese cultural diplomacy has proven to be able to create a harmonious and mutually beneficial relationship for both parties.
Urgensi Kriminalisasi Contempt of Court sebagai Penguatan Eksekusi Putusan Peradilan Tata Usaha Negara Candra Perbawati; Nabila Firstia Izzati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.750

Abstract

The presence of the State Administrative Courts Judiciary as an administrative law enforcement institution for justice seekers, often encounter obstacles to the implementation/execution of judgments. The decision in question is in the context of the fictitious lawsuit is negative where the nature of the decision is already in Kracht. Against the verdict that already in kracht, State Administrative Courts officials as the losing party often do not want to comply with the content decision from the judges of the State Administrative Court. This can be caused by several factors such as The implementation of the execution arrangement is not clear, then the presence of administrative efforts that are felt is still not effective in creating a deterrent effect, as well as a lack of awareness from State Administrative Courts officials who losing and not wanting to comply with the order of the State Administrative Courts decision is the main obstacle. Problem is the lack of awareness of the obedient attitude can be due to the nature of the State Administrative Courts decision, which is basically upholding self-respect from the losing party. The act of not complying with the content State Administrative Courts decision can be included in the elements of the Contempt of Court act that is regulated in Law Number 14 of 1985 jo Law Number 5 of 2004 concerning Supreme Court. This can certainly have implications for the possibility of criminalization of officials State Administrative Courts for the consequences of the non-compliance.
Peran Badan Pertanahan Nasional (BPN) sebagai Mediator dalam Penyelesaian Sengketa Pertanahan Ach. Fadlail; Maria Ulfa
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.751

Abstract

and the results of managed land, whether land in the form of agricultural land, plantations or homestead land as a place to live. However, to date, problems related to land continue to occur and in fact the number continues to increase, starting from ownership rights, cultivation rights, control rights and land issues that arise due to dual ownership where both have certificates for the land. The National Land Agency (BPN) is an institution that was specifically formed to resolve land issues in Indonesia with the hope that people will have legal certainty and legal force over the land they own so that it does not cause new problems in people's lives. By using normative juridical research, the results of this research found that BPN has a central role in realizing certainty, justice and benefits for land managed by the community. So BPN plays an important role in solving land problems and at the same time providing solutions to the problems above. The conclusion of this research is that making BPN a mediator in land disputes before they go to the legal realm is the best solution to obtain legal certainty and resolution of land disputes experienced by the community.
Aanalisis Perbatasan Laut Antara Peru dan Chili Yang Di Selesaikan Oleh Mahkamah Internasional Widia Wiliani Sipayung
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.754

Abstract

This study describes the efforts made on the maritime boundary issues that occurred between Peru and Chile. Each began in 1947, where the State claimed jurisdiction and exclusive rights to waters 200 miles from each other's coast. The official dispute that occurred between the two began in 2007 when Peru certified the description of the sea that overlapped between the two parties. This type of research is qualitative. The research method used is descriptive analysis technique. Most of the data was collected through library studies and website searches. The data obtained were then analyzed using a theoretical approach related to International Relations, namely international organizations. The results of the study show that from both countries there were no results that described peace over the dispute that occurred because both countries had different interpretations of the borders they had. The last effort was taken firmly by Peru where the dispute would be submitted to the International Court of Justice in order to obtain peace and a decision on the sea areas of Peru and Chile in accordance with International Law through the International Court of Justice (ICJ).
Dampak Penyalahgunaan Kenderaan Dinas Serta Ancaman terhadap Citra dan Moralitas ASN Berdasarkan Perspektif Hukum Hasan, Arham; Bora, Asnawati; Moonti, Roy Marthen
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.782

Abstract

This research examines the negative impact of misuse of official vehicles by State Civil Apparatus (ASN) on their image and morality, as well as the legal consequences that accompany it. The main focus of this research is to analyze how this behavior forms negative perceptions among the public and damages the integrity of ASN. The methodology used is a literature study, utilizing various sources related to law and government ethics as analysis material. The research results show that this act of abuse can weaken the level of public trust in government institutions.
Hukum dan Kode Etik Profesi bagi Anggota Polri Hamid, Moh. Renaldy; Moonti, Roy Marthen; Ahmad, Ibrahim; Kasim, Muslim A.
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.792

Abstract

This study aims to analyze the importance of professional laws and codes of ethics for members of the National Police of the Republic of Indonesia (Polri). The National Police professional code of ethics is a code of conduct that must be followed by every member of the National Police in carrying out their duties and responsibilities. This study examines the legal aspects that govern the code of ethics, as well as evaluating the challenges and its implementation in police practice. Data was collected through literature studies, analysis of laws and regulations, and in-depth interviews with members of the National Police. The results of the study show that effective enforcement of the code of ethics can strengthen integrity, professionalism, and public trust in the National Police. However, several challenges are still faced in the implementation of the code of ethics, such as the lack of socialization and strict supervision. This research provides recommendations to increase awareness and compliance of members of the National Police with the code of ethics, as well as strengthen its enforcement mechanism to strengthen.
Kedudukan Hak Waris Anak Luar Kawin Menurut Hukum Adat di Desa Langkuru, Kecamatan Pureman, Kabupaten Alor, Nusa Tenggara Timur Nimrot Frare; Luh Ketut Ayu Manik Sastrini; Ni Made Witari Dewi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.800

Abstract

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.
Konsep BUMN Sebagai Objek Sengketa Administrasi Pemerintahan (Paradigma Baru Pasca UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan dan Telaah Kritis Terhadap RUU BUMN) Muklis Al’anam
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.837

Abstract

State-Owned Enterprises (BUMN) are companies owned by the state, where their capital comes from state assets that are separated for the purpose of generating state revenues. Unlike private companies, BUMN are not solely focused on profit-seeking but also have an essential role in fulfilling government duties, such as implementing policies for distributing subsidized goods to the public. This dual role means that BUMN are not only subject to the provisions of corporate law, as regulated in Law No. 40/2007 on Limited Liability Companies, but also bound by general administrative law. As a result, the concept of BUMN has evolved beyond merely a profit-driven state enterprise. It has become a public law entity responsible for formulating and implementing policies in the area of public services, which benefit the society at large.This legal research uses a combination of a statutory approach, conceptual approach, and case approach to explore the legal status of BUMN. The findings indicate that BUMN, in carrying out their activities, serve as public law entities, with nearly all of their business operations involving aspects of public services. Thus, BUMN should be understood as state administrative agencies or officials. Additionally, any financial losses incurred by BUMN are regarded as state financial losses under the relevant laws and regulations, emphasizing the interconnection between the state and BUMN in their implementation of public duties and services.
Analisis Kewajiban Penyelenggara Sistem Elektronik dalam Memberikan Perlindungan Bagi Anak: Konteks UU Nomor 1 Tahun 2024 Cello Pratama Ramadhan; Erwin Charlest; Marina br. Ambarita; Sintong Arion Hutapea
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.845

Abstract

The rapid advancement of information technology in the modern era has significantly transformed various aspects of life, including the dissemination of information and digital services. In Indonesia, this transformation is marked by the widespread use of electronic systems in daily activities, by the government, private sector, and individuals alike. However, this progress also brings new challenges, particularly concerning child protection in digital spaces. Children, as a vulnerable group, are at risk of exposure to inappropriate digital content, misuse of personal data, and online exploitation.This article aims to analyze the obligations of electronic system providers in ensuring child protection, as regulated in Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law). The study uses a normative juridical approach, analyzing applicable regulations, literature reviews, and relevant case examples.The findings indicate that Law Number 1 of 2024 strengthens the legal framework regarding the responsibilities of electronic system providers to ensure children's safety in the digital world. These responsibilities include content filtering, protection of children's personal data, and the provision of reporting and violation handling systems. This article emphasizes the importance of the active role of electronic system providers in creating a safe and child-friendly digital environment, as well as the need for government oversight and public participation in its implementation. This study is expected to serve as a reference for policy development on child protection in the digital era.
Analisis Hukum Terhadap Kebijakan Pajak Transaksi Kripto di Indonesia Terhadap Kesesuaian dengan Prinsip Perpajakan dan Implikasinya Terhadap Industri Aset Digital Marcela Marcela; Iskara Desra; Muhammad Sawega Alfadri; Sintong Arion Hutapea
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 2 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i2.849

Abstract

The rapid development of digital technology has encouraged the emergence of crypto assets as a new investment instrument in Indonesia. Along with the increasing popularity of digital assets, the government responded by imposing tax policies in the form of Value Added Tax (VAT) and Income Tax (PPh) on every crypto transaction. This study aims to analyze the suitability of the tax imposition with the basic principles of tax law, as well as to examine its impact on the growth of the digital asset industry in Indonesia. The method used in this research is a literature study with a descriptive qualitative approach sourced from regulations, scientific journals, official reports, and international comparative studies. The results of the study show that the imposition of VAT on crypto transactions is not fully in line with the principles of fairness, legal certainty, and efficiency in taxation. In addition, the disproportionately high tax burden has a negative impact on investor interest, encourages offshore transactions, and slows down innovation in the domestic blockchain industry. Therefore, policy reformulation is needed, such as the application of capital gains tax and the provision of fiscal incentives, so that tax regulations can support the sustainable growth of the national digital economy.

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