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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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Perlindungan Hak Masyarakat Adat Dalam Mengelola Lingkungan Najwa Aulia Kusuma; Lena Dea Pitrianingsih
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1155

Abstract

It is impossible to disentangle customary law from the fabric of a community as it is an integral aspect of society as a whole. The national legal system in Indonesia also develops as society evolves in response to shifting social, cultural, economic, and political demands. Through the lens of positive legislation and field practices, this study adopts a juridical-sociological method to better understand how indigenous people's rights are legally protected in environmental management. By taking a legal stance, we may analyse the constitutional guarantees and statutes that protect indigenous peoples' rights from 1945 forward. At the same time, the sociological method seeks to understand indigenous populations' experiences with, reactions to, and advocacy for their right to a sustainable environment in light of these legislative obligations. The 1945 Constitution guarantees, in Article 18B paragraph (2).
Kepastian Hukum Penggunaan Artificial Intelligence (AI) dalam Pelayanan Kesehatan dan Diagnosa Medis di Indonesia Rayga Rayyan; Marice Simarmata
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1156

Abstract

The utilization of Artificial Intelligence (AI) in healthcare services and medical diagnosis in Indonesia has grown rapidly alongside the digital transformation of the health sector. AI technology has been employed to improve service efficiency, accelerate diagnostic processes, and enhance disease detection accuracy, particularly through medical imaging and ECG data analysis. Algorithms such as K-Nearest Neighbor (KNN) and Chi-Square have shown effectiveness in heart disease classification. However, despite its benefits, AI implementation presents legal challenges. The absence of specific regulations regarding legal liability in cases of AI-based diagnostic errors creates uncertainty for both medical professionals and patients. Additionally, the lack of national standards, weak patient data protection, and digital literacy gaps present significant obstacles. Adaptive policies, the establishment of dedicated regulations, and collaboration between government, medical practitioners, technology developers, and academics are essential to develop a legal framework that accommodates AI advancements responsibly. With clear legal certainty, AI technology can be optimally utilized to support more inclusive and high-quality healthcare services.
Penerapan Teknologi Informasi dalam Pembiayaan Layanan Penerbitan SKHPN (Surat Keterangan Hasil Pemeriksaan Narkoba) Riend Afrianita; Marice Simarmata
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1157

Abstract

Digital developments in the financing system for issuing Drug Examination Result Certificates (SKHPN) have had a significant impact on improving administrative governance in the health and legal sectors in Indonesia. This study uses an empirical legal approach with a juridical-sociological method to analyze the use of information technology in payment mechanisms and governance of SKHPN services. Data were collected through in-depth interviews, direct observation, questionnaire distribution, and studies of regulations, including Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. The findings show that the digitalization process of financing has a positive impact on shortening bureaucratic channels, accelerating service verification, and encouraging budget transparency and accountability. The implementation of an integrated health information system as regulated in Articles 371 to 378 of Law Number 17 of 2023 also strengthens service management through real-time and traceable digital recording. Meanwhile, PP No. 28 of 2024 emphasizes the importance of using electronic payment systems, transparency of financial reporting, and public involvement in service supervision. Although there are still obstacles such as limited infrastructure and low digital literacy, digitalization in SKHPN financing has proven to be a strategic step in realizing adaptive, open and inclusive public services in accordance with the direction of technology-based health policies.
Kontribusi Masyarakat terhadap Penegakan Hukum Lingkungan Berdasarkan UU No. 32 Tahun 2009 Ellisha Putri; Handan Salsa; Ika Putri; Izaldi Pramudia; Reza Fediansya; Revania Meita; Sheyla Dwi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1158

Abstract

The 1945 Constitution of the Republic of Indonesia states that every Indonesian citizen has the right to a clean and healthy living environment. Unsustainable development and exploitation of natural resources have led to a drastic decline in the quality of the living environment in Indonesia. This has resulted in environmental damage, such as pollution and loss of biodiversity. One important instrument in the effort to protect the environment is environmental law, which is regulated by Law Number 32 of 2009 concerning the Protection and Management of the Living Environment (Environmental Protection Law). Although the Environmental Protection Law provides a comprehensive legal framework, law enforcement in the field still faces several issues, such as limited resources and low legal awareness. In such situations, community participation can be strategically utilized to enhance the efficiency of environmental monitoring and law enforcement. The aim of this research is to descriptively examine the function of community participation in environmental law enforcement as regulated by the Environmental Protection Law, as well as to analyze how effective and challenging its implementation is.
Analisis Perbandingan Regulasi Prinsip Corporate Social Responsibility (CSR) Antar Negara Indonesia dan India Mohamad Imam Tanthowy
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1177

Abstract

Corporate Social Responsibility (CSR) has evolved from a voluntary initiative into a legal obligation in many countries, including Indonesia and India. This study aims to analyze and compare the CSR regulations between the two countries, focusing on legal foundations, scope of implementation, corporate obligations, and the effectiveness of enforcement. In Indonesia, CSR is regulated under Law No. 40 of 2007 on Limited Liability Companies and Law No. 25 of 2007 on Capital Investment, which mandate companies operating in the natural resource sector to carry out social and environmental responsibilities. Meanwhile, in India, CSR obligations are more broadly applied through the Companies Act 2013, which requires companies meeting specific financial criteria to allocate at least 2% of their average net profits towards CSR activities. The results of this study indicate that CSR regulation in India is more structured and comprehensive compared to Indonesia, particularly in terms of reporting mechanisms, monitoring, and legal sanctions. This comparison provides valuable insight for developing a more effective and equitable CSR regulatory model that benefits society, corporations, and the state.
Dinamika Konflik Agraria Perspektif Politik Hak Atas Tanah: Studi Kasus Atas Konflik Antara PT. Swarna Cinde Raya Dengan Warga Desa Pangkalan Benteng Kecamatan Talang Kelapa Kabupaten Banyuasin Alya Rosalina; Taufik Akhyar; Hatta Azzuhri
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1183

Abstract

This research discusses "The Dynamics of Agrarian Conflicts: Political Perspectives of Land Rights (Case Study of the Conflict Between PT. Swarna Cinde Raya with residents of Pangkalan Benteng Village, Talang Kelapa District, Banyuasin Regency)''. It aims to find out the causes and development of the dynamics of agrarian conflicts between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya. The research method used was qualitative. With primary data, namely residents of Pangkalan Benteng village, Banyuasin Regency. Data collection techniques through interviews and documentation. The results of the study show that first. The agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya occurred due to overlapping land claims, land evictions by the company, and the slow response of the government and law enforcement. The main causes are ownership disputes, human rights violations, and lack of transparency in the resolution of cases by the authorities. Second, the agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya (PT SCR) has been going on since 2009. PT SCR claims that the 200 hectares of land managed by residents for generations has now been reduced to 80 hectares. The company put up prohibition signs based on the Agrarian Cases Law, causing intimidation and uncertainty for residents. Residents feel that their rights have been deprived, suffered losses due to evictions, and have received a slow response from the government and law enforcement. South Sumatra's Ministry of Law and Human Rights recommends a settlement through legal channels, but the slow and lack of transparency creates public distrust and risks escalating conflicts. This conflict reflects structural problems of agrarian management in Indonesia, such as power imbalances, overlapping regulations, and weak protection of indigenous peoples' rights. A just settlement must prioritize transparency, community participation, and respect for human rights so that conflicts do not spread.
Implementasi Pelaksanaan Perlindungan Varietas Tanaman di Australia Putra Rezki Dewanto
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1200

Abstract

This study aims to determine the implementation of plant variety protection in Australia. This article will discuss how Australia implements the TRIPs Agreement to provide protection for all technologies, products, pharmaceuticals, plants, and microorganisms that can be patented through Plant Breeder's Rights (PBR). There are three types of intellectual property obtained in the context of plant varieties, namely patent rights, trademark rights, and plant breeding rights. The purpose of protection through PBR is to encourage innovation in plant breeding by granting limited exclusive rights to control its exploitation and prevent unauthorized parties from illegally exploiting the rights of breeders. The research method used in this study is normative law research, employing a statutory approach and an analytical approach.
Peran Penyidik dalam Menjamin Hak Tersangka : Kajian terhadap Implementasi KUHAP dalam Tahap Penyidikan Syarif Hidayatulloh; Sigit Kamseno
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1218

Abstract

In a criminal justice system that upholds the principle of justice, the protection of suspects' rights is a crucial and fundamental component. Investigators play a crucial role in ensuring suspects' rights are protected during the investigation process, including the right to legal counsel, the right to access information, and the right to be free from arbitrary prosecution. The aim of this study is to explore the role of investigators in guaranteeing these rights and highlight challenges in their implementation. The study revealed that many suspects did not receive legal assistance from the beginning of the examination, lacked understanding of their rights, and faced investigations that often violated due process of law. This problem is exacerbated by limited human resources, inadequate internal oversight, and lack of ongoing training for investigators. These factors contribute to the failure to enforce the rights of suspects as a whole, which impacts the fairness and integrity of the legal process. In an effort to realize a fast, simple, and inexpensive judicial process, as promised in Law Number 48 of 2009, this study emphasizes the need for reforms to strengthen the investigation process. The reforms include improvements in the aspects of supervision and more in-depth training of investigators on human rights, so that they can better understand and implement the protection of the rights of suspects. In addition, the use of technology in investigations, such as digital-based information systems to manage evidence and legal processes, can increase transparency and accuracy in every stage of investigation. Strengthening internal supervision mechanisms is also very important to minimize abuse of authority by investigators. On the other hand, it is important to periodically evaluate the application of standard operating procedures (SOPs) in investigations, in order to ensure compliance with applicable laws and provide justice for suspects.
KPK’s Performance Dynamics in Combating Corruption After the 2019 Revision of the KPK Law Rahmad Prasetyo; Faisal Santiago
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1220

Abstract

Corruption is a serious crime that has a significant impact on the government, the economy, and public welfare. The Corruption Eradication Commission (KPK), an independent organization charged with combating corruption, plays a crucial role in the Indonesian legal system and is empowered to carry out investigations, inquiries, and prosecutions against corruption crimes to uphold the supremacy of the law and create a clean government. However, along the way, the KPK's performance has experienced various challenges, both regulation, politics, and technicalities in carrying out its duties. Changes in regulations, especially through the revision of Law Number 30 of 2002 enacted in 2019, are one of the factors that influence the effectiveness of this institution in carrying out its duties. This study strives to analyze the performance of the KPK in enforcing the law on corruption crimes in Indonesia. The main focus of this study includes an evaluation of the effectiveness of the KPK in handling corruption cases, the challenges faced, and strategies that can be applied to improve the performance of this institution. The methods used in this study are normative and empirical juridical methods. The examination of various laws and regulations applying normative legal approaches governing the eradication of corruption, and investigating official documents such as the KPK's annual report. Meanwhile, the empirical approach is carried out by analyzing case data handled by the KPK. The research results are expected to provide an overview of the effectiveness of the KPK in enforcing the law against criminal acts of corruption and provide constructive recommendations for efforts to eradicate corruption in Indonesia.
Economic Crime Prevention Strategy in the Trade Sector to Create Healthy and Fair Business Competition M. Arif Syahputra; Zudan Arief Fakrulloh
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (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.v2i3.1221

Abstract

This study explores the critical role of law in preventing and addressing crimes within the trade sector, focusing on specific economic crimes such as corruption, embezzlement, market manipulation, and smuggling. These crimes are on the rise, primarily driven by social and economic inequality. Unequal wealth distribution, weak regulatory oversight, and legal loopholes create opportunities for individuals and groups to pursue illicit financial gains. Powerful economic entities often exploit these weaknesses to maintain monopolistic control, deepening inequality and obstructing fair competition. Moreover, inadequate law enforcement and a lack of transparency within bureaucratic systems contribute to the widespread practices of bribery and collusion between business actors and government officials. This undermines the effectiveness of existing regulations and diminishes public confidence in the legal framework. The consequences of such economic crimes extend beyond financial losses; they significantly affect the broader society. These include rising poverty and unemployment, the deterioration of public trust in legal institutions, and increased social instability, all of which threaten sustainable economic development. To address these challenges, this study applies criminological and legal perspectives, underlining the necessity of multisectoral collaboration. It advocates for stronger government and legal institutional efforts, along with active community engagement, to enhance oversight mechanisms and promote transparency. Firm and equitable enforcement of laws is essential in ensuring justice and restoring trust. Ultimately, a collective commitment to legal reform and accountability is vital to building a trade environment that is fair, inclusive, and conducive to long-term national growth.

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