cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Febri Adi Prasetya
Contact Email
garuda@apji.org
Phone
+6282135809779
Journal Mail Official
Febri@apji.org
Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195
Location
Kota semarang,
Jawa tengah
INDONESIA
International Journal of Sociology and Law
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471923     EISSN : 30470692     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 118 Documents
 8   9   10   11   12 
Opening Opportunities for Fairness in Developing Alternative Sanctions for Corporations in Corruption Cases Nani Arianti; Mispansyah Mispansyah; Suprapto Suprapto
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.788

Abstract

Corporate corruption poses a significant threat to economic stability and public trust. Traditional punitive sanctions, such as substantial fines or dissolution, often fail to achieve restorative justice and can lead to unintended consequences, including harm to innocent employees and stakeholders. This paper explores the imperative of developing alternative sanctions for corporations implicated in corruption cases, with a central focus on establishing a framework grounded in fairness. Through a normative juridical research method employing statutory, comparative, and conceptual approaches, this study analyzes the limitations of the current punitive paradigm. It examines various alternative sanctions, including Deferred Prosecution Agreements (DPAs), Non-Prosecution Agreements (NPAs), corporate monitorship, and mandatory compliance program overhauls. The findings indicate that these alternatives offer a more flexible and effective mechanism for balancing accountability with corporate rehabilitation. They create opportunities to incentivize self-reporting, cooperation, and genuine internal reform. This paper concludes that by integrating principles of proportionality, restorative justice, and forward-looking prevention into the legal framework, a fairer and more effective corporate sanctioning system can be developed. Such a system would not only penalize misconduct but also foster a culture of corporate integrity and contribute more effectively to the broader fight against corruption.
The Dominus Litis Principle and the Public Prosecutor's Interest in Case Control Achmad Yani; Mispansyah Mispansyah; Ahmad Syaufi
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.789

Abstract

The Public Prosecutor holds a central role in the criminal justice system as the primary controller of the prosecution process. This authority is based on the fundamental principle of Dominus Litis, which literally translates to "master of the case." This paper aims to deeply analyze the implementation of the Dominus Litis principle and to examine the various interests underlying the Public Prosecutor's authority in controlling a criminal case. Using a normative juridical research method with a literature and conceptual approach, this study investigates how the principle legitimizes the prosecutor's power to determine whether a case is suitable for trial, to terminate it, or to resolve it through alternative mechanisms. The analysis reveals that the prosecutor's interest in case control is not merely limited to technical-juridical aspects but also encompasses broader considerations such as the public interest, law enforcement efficiency, and the achievement of restorative justice. While granting significant discretion, this absolute authority also raises discourse on the importance of effective oversight mechanisms to prevent potential abuse of power and ensure accountability. It is concluded that the implementation of the Dominus Litis principle must always be balanced with transparency and objectivity to ensure that case control by the prosecutor genuinely aims to achieve substantive justice
Redesigning the Boundaries of Corruption in Government Procurement of Goods and Services Andi Akbar Subari; Achmad Faisal; Suprapto Suprapto
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.790

Abstract

Government procurement, particularly in Indonesia, remains highly susceptible to corruption due to systemic regulatory loopholes and excessive human discretion, often characterized by collusion and bid-rigging. This institutional vulnerability defines the traditional "boundaries of corruption" as the discretionary corridors within existing administrative law. This research aims to fundamentally redesign these boundaries by shifting control from human discretion to technological enforcement. This study employs normative legal research focusing on the Presidential Regulation on Procurement, integrated with a technological design approach relevant to the journal. The core contribution is a reform model proposing the mandatory integration of AI-powered Smart Contracts and Distributed Ledger Technology (Blockchain) into the public procurement process. Key findings indicate that the primary corrupt boundary lies in ambiguous clauses concerning direct appointments and contract amendments. We propose that an AI-based system can monitor real-time pricing anomalies and bidder networks (network analysis), while Smart Contracts can automate and audit execution, thereby eliminating human factor vulnerability. This redesign transforms the boundaries of corruption from a matter of criminal enforcement to one of algorithmic inevitability, providing a robust, transparent, and self-auditing framework for digital governance.
Legal Reform Regarding the Authority of Public Prosecutors in Implementing Diversion Programs for Children in Conflict with the Law Imma Purnama Sari; Diana Haiti; Nurunnisa Nurunnisa
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.791

Abstract

The Indonesian Law No. 11 of 2012 concerning the Juvenile Criminal Justice Sistem (SPPA Law) established Diversion and Restorative Justice as core pillars for handling Children in Conflict with the Law (CICL). The Public Prosecutor (JPU) plays a mandatory role in attempting Diversion, as stated in Article 7(1) of the SPPA Law. However, the implementation of Diversion is hindered by judicial limitations, such as restrictions on crimes with a prison sentence of less than seven years and the lack of specific government regulations (PP). These barriers often deny children the opportunity for Diversion, exposing them to the formal justice process and stigmatization. This study analyzes the challenges within the JPU’s authority regarding Diversion and proposes legal reforms to strengthen their role. Using normative legal research and a conceptual approach, the study examines primary and secondary legal materials and suggests the implementation of a Digital Decision Support Sistem (DSS) to guide prosecutorial discretion. The findings reveal that restrictive penal criteria and the absence of a review mechanism for rejected Diversion cases undermine Restorative Justice efforts. The paper argues that legal reforms are necessary to revise penal limitations, develop a detailed regulatory framework, and implement an integrated information sistem to support rehabilitation programs, ensuring the best interests of children and reducing reoffending.
The Authority of Prosecutors to Seize Assets in Corruption Cases Agung Pamungkas; Achmad Faisal; Anang Shophan Tornado
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.792

Abstract

Corruption is an extraordinary crime that not only causes massive state financial losses but also impedes national development. Efforts to eradicate corruption are insufficient if limited to the imprisonment of perpetrators; they must be accompanied by state asset recovery. The prosecutor, as the dominus litis in the criminal justice sistem, plays a central role in the process of seizing assets derived from corruption. This research aims to analyze the authority of prosecutors to seize assets in corruption cases, identify the obstacles encountered, and formulate solutions to optimize the exercise of this authority. The research method employed is normative juridical, utilizing a statutory approach and a case approach. The findings indicate that prosecutors have a strong legal basis for asset seizure, as stipulated in the Criminal Procedure Code (KUHAP), the Anti-Corruption Law, and other relevant regulations. However, in practice, prosecutors face various obstacles, both juridical, such as legal loopholes in the evidentiary process, and non-juridical, such as the complex modus operandi of perpetrators in concealing assets, slow inter-agency coordination, and challenges in tracing assets located abroad. Therefore, it is imperative to strengthen the regulatory framework through the enactment of the Asset Forfeiture Bill, enhance the capacity and integrity of prosecutors, and bolster international cooperation to maximize the recovery of state losses.
Artificial Intelligence Accountability in Positive Law Siregar, Dahris
International Journal of Sociology and Law Vol. 2 No. 4 (2025): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i4.765

Abstract

Artificial intelligence (AI) has developed rapidly in recent years, making judgments and executing tasks in ways comparable to decisions made by the human brain. These technological advances allow AI to replace or complement human work in various fields, but they also raise complex legal questions regarding accountability for the actions it performs. This study employs a normative juridical research methodology, which emphasizes the analysis of laws and regulations, concepts, principles, and legal theories, using literature as the primary data source. The findings show that AI, despite its advanced capabilities, remains a legal object rather than a legal subject. In accordance with Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions in Indonesia, AI cannot be considered a legal entity with independent rights and obligations. Consequently, AI cannot be held legally accountable for its actions, as it operates under human creation, programming, and direction. Responsibility for any consequences arising from the use of AI lies with the individuals or institutions that develop, operate, and control it. This study highlights the importance of establishing a clear legal framework to regulate AI applications, ensuring that technological innovation aligns with legal certainty and accountability. It concludes that while AI may imitate human decision-making, it lacks autonomy in the legal sense and therefore cannot bear responsibility under positive law.
The Role and Responsibilities of Creditors in Handling Debtor Bankruptcy Cases: Ensuring Justice and Balance in The Legal Process Mukianto, Jandi
International Journal of Sociology and Law Vol. 2 No. 4 (2025): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i4.770

Abstract

Business entities often face bankruptcy risks due to various factors, including accounting errors, limited experience, or small-cap transactions. The COVID-19 pandemic exacerbated financial conditions for many companies, such as PT Garuda Indonesia (Persero) Tbk., which experienced a significant revenue decline. Additionally, individuals may face bankruptcy due to reasons like job termination or business failures. The primary cause of bankruptcy lies in the imbalance between debt and income, often worsened by poor financial planning. Government regulations can help mitigate bankruptcy risks, such as through health insurance and credit restrictions. The bankruptcy process aims to provide fair resolutions between debtors and creditors while safeguarding public interests. Bankruptcy can also offer debtors the opportunity to restructure their debt, maintain economic stability, and prevent social loss. In practice, bankruptcy involves the management of the debtor's assets by a trustee and the proportional distribution of proceeds to creditors. The application of freedom of contract and legal certainty principles in debtor-creditor relationships is crucial to ensuring a transparent, efficient, and equitable process.
Digital Media and Human Rights Advocacy Against Sexual Violence: The Case of KemenPPPA’s Campaign in Indonesia Kasyifa Alifya Anfasha; Dahlia Bunga Rembulan; Diffa Aulia Putri Syadena; Asmak Ul Hosnah
International Journal of Sociology and Law Vol. 2 No. 4 (2025): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i4.813

Abstract

Sexual violence remains a pervasive human rights violation globally, with nearly one in three women experiencing physical or sexual abuse in their lifetime (UN Women, 2024). In Indonesia, the National Commmision on Violence against Women (Komnas Perempuan) reported 330,097 cases in 2024, of which 26,9% were sexual violence. Despite Law No. 12 of 2022 on the Crime of Sexual Violence (UU TPKS), gaps persist between legal enforcement and public awareness, emphasizing the need for effective advocacy. This study investigates the rol of digital media in human rights advocacy by analyzing KemenPPPA’s Instagram Reels campaign titled “Three Years Since the Enactment of the Sexual Violence Law.” Using a qualitative descriptive approach, data were collected through digital observation and documentation of the video, captions, and public comments. Framing Analysis (Entman, 1993) identified problem definitations, moral evaluations, and proposed solutions, while Normative Content Discourse Interpretation (NCDI) interpreted content based on national law and international human rights standards, particularly CEDAW. Findings show that the campaign communicates key human rights values, including victim protection, gender equality, and justice. The study highlights the potential of digital media as both an educational tool and platform for social participation, stressing participatory legal communication to complement formal law enforcement and advance women’s rights in Indonesia.

Page 12 of 12 | Total Record : 118

 8   9   10   11   12 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol. 2 No. 4 (2025): November: International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law Vol. 1 No. 1 (2024): February : International Journal of Sociology and Law