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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 148 Documents
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Enhancing the Role of Public Prosecutors in Maintaining Legal Certainty Sajimin Sajimin; Anang Shophan Tornado; Rahmida Erliyani; Elman Azizov
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.v2i4.844

Abstract

Legal certainty (rechtssicherheit) is a fundamental pillar of the Rule of Law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the master of the suit), possessing the exclusive authority to determine which cases proceed to court. However, the current implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. Furthermore, prosecutors often lack the cognitive flexibility to handle complex cases that require discretionary wisdom. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and a reform in prosecutorial competency. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills specifically "Creative Thinking" to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.
The Existence of the Aceh Reintegration Board in Fulfilling the Constitutional Rights of Conflict Victims in Aceh Febrina, Maya; Husni Husni; Nurdin Nurdin
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1004

Abstract

The armed conflict in Aceh between the Free Aceh Movement (GAM) and the Government of the Republic of Indonesia for more than three decades had caused serious humanitarian impacts, including various forms of human rights violations against civilians. The signing of the Helsinki Memorandum of Understanding (MoU) on 15 August 2005 marked a turning point in conflict resolution, subsequently implemented through Law Number 11 of 2006 on the Governance of Aceh and Aceh Qanun Number 6 of 2015 on the Aceh Reintegration Board (BRA). This study aims to analyze the legal regulatory construction regarding the position and authority of BRA in fulfilling the constitutional rights of conflict victims, examine legal certainty in its implementation, and formulate an ideal regulatory concept. The research method used is normative juridical with statutory and conceptual approaches. Secondary data were collected through literature studies supported by interviews with relevant informants. The results show that the legal regulatory construction regarding the position and authority of BRA has not fulfilled substantive justice due to the absence of technical norms and the suboptimal integration between legal structure and substance. Legal uncertainty has impacted the unfulfilled constitutional rights of conflict victims, reflected in the replacement of the recovery scheme with a social assistance scheme, the absence of standard operating procedures (SOP), and unsynchronized conflict victim data. The ideal regulatory concept requires comprehensive legal reconstruction through strengthening the institutional position of BRA, establishing operational implementing regulations, and strengthening oversight and accountability systems.
Policy Evaluation of Regional Tax Contributions to the Improvement of Regional Original Revenue in East Java Province Andika Indra Prasetyo; Dandy Wirawan; Kristyan Dwijosusilo; Kresna Adhi Prahmana
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1005

Abstract

This study evaluates the policy contribution of regional taxes — specifically Motor Vehicle Tax (PKB) and Motor Vehicle Transfer Tax (BBNKB) — to the improvement of Regional Original Revenue (PAD) in East Java Province for the period 2020 to 2024. Using a descriptive quantitative approach with secondary data obtained from the Regional Revenue Agency (Bapenda) of East Java Province, the study analyzes the realization of tax revenues and their percentage contributions to PAD. Evaluation results indicate that PKB consistently contributes significantly to PAD with an average of 43.78%, categorized as highly contributing. Meanwhile, BBNKB demonstrates a fairly stable contribution averaging 22.74%, categorized as moderately contributing. Policy evaluation reveals that both tax instruments serve as the primary backbone of local revenue, supporting fiscal autonomy and strengthening regional development capacity. Several policy challenges were identified, including the impact of the COVID-19 pandemic, tax amnesty policies, and varying levels of taxpayer compliance. This study recommends that the regional government optimize local tax strategies through service digitalization, intensified taxpayer education, and adaptive policy formulation to ensure sustainable PAD growth.
Analysis of Motor Vehicle Tax (PKB) Payment Service Quality through Mobile Samsat Service : Case Study at the Joint Samsat Office of Surabaya Achmat Firman Alfaris; Kristyan Dwijosusilo; Dandy Wirawan; Kresna Adhi Prahmana
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1006

Abstract

Quality public services are central to improving taxpayer compliance and optimizing Regional Original Revenue (PAD). The Mobile Samsat service at the Joint Samsat Office (Kantor Bersama Samsat) Surabaya represents a significant innovation designed to facilitate access to Motor Vehicle Tax (PKB) payments, particularly for residents living far from the main Samsat office. This study aims to analyze the quality of PKB payment services through the Mobile Samsat in Surabaya using a descriptive qualitative approach, applying Parasuraman's (1988) SERVQUAL theory, which encompasses five dimensions: tangibles, reliability, responsiveness, assurance, and empathy. Data were collected through in-depth interviews, direct observation, and documentation. The results indicate that service quality is generally satisfactory across most dimensions. Tangibles remain a concern as some Mobile Samsat locations lack adequate waiting facilities and are positioned in crowded roadside areas. Reliability is strong, with services consistently delivered according to schedule and standard operating procedures. Responsiveness is excellent, as officers process payments in an average of 2–5 minutes. Assurance is well-established through officer competence, transparency of service costs, and professional demeanor. Empathy is evident in the personalized attention provided by officers to taxpayers of all backgrounds. Therefore, the Joint Samsat Office of Surabaya is recommended to improve physical facilities at service locations, broaden the dissemination of service schedules and routes through multiple media channels, and evaluate operational locations to enhance taxpayer comfort and overall service quality.
Strengthening Criminal Law Enforcement Against Forest and Land Fires Based on Sustainable Development Goals to Realize Sustainable Environmental Protection Tricho Dike Fierrera; Sunardi Sunardi; Zainal Arifin Hoesein
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1008

Abstract

Forest and land fires remain a major environmental challenge in Indonesia, causing significant impacts on ecosystems, public health, the economy, and sustainable development. Although various regulations, including Law Number 41 of 1999, Law Number 32 of 2009, and Law Number 18 of 2013, have been enacted, recurring fires indicate that the primary issue lies in the effectiveness of criminal law enforcement rather than the absence of legal instruments. This study aims to analyze the effectiveness of criminal law enforcement against forest and land fires and formulate strategies to strengthen enforcement based on the Sustainable Development Goals (SDGs). The research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of relevant legislation and court decisions. The findings reveal that law enforcement remains constrained by weak supervision, difficulties in proving environmental crimes, limited inter-agency coordination, and ineffective corporate criminal liability. Strengthening enforcement requires regulatory harmonization, improved use of science- and technology-based evidence, stronger institutional coordination, and integration of sustainable development principles into law enforcement policies. These measures are expected to enhance environmental protection, deter offenders, and support the achievement of the SDGs, particularly in ecosystem conservation, climate action, and institutional accountability.
The Boundaries of Criminal Liability of Cooperative Management and Cooperatives as Corporations in Corruption Crimes M. Irwan Susanto; Hendro Widodo; Zainal Arifin Hoesein
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1009

Abstract

The increasing incidence of corruption in the cooperative sector demonstrates that cooperatives are not only vehicles for community economic empowerment but may also be used to facilitate abuses of authority that cause state financial losses. This situation raises legal uncertainty regarding the division of criminal liability between cooperative management as individual offenders and cooperatives as corporate entities. This study aims to analyze the regulation of criminal liability for both legal subjects, identify the limits of their respective responsibilities, and formulate legal parameters for determining criminal accountability in corruption cases. The research employs a normative juridical method using statutory, conceptual, case, and comparative approaches through the analysis of legislation, court decisions, and legal doctrines. The findings reveal that existing regulations do not clearly distinguish the criminal liability of cooperative management and cooperatives as corporations. Management is held liable when corruption involves abuse of authority, intent, or personal benefit, whereas cooperatives may be held liable if the offense results from organizational policies, benefits the corporation, or reflects failures in internal supervision. Clearer legal parameters are essential to strengthen legal certainty and promote more effective, proportional, and equitable law enforcement in combating corruption within the cooperative sector.
Strengthening Law Enforcement Against Illegal Coal Mining Based on Sustainable Development Goals to Achieve Sustainable Mining Governance in Indonesia Sunardi Sunardi; Tricho Dike Fierrera; Zainal Arifin Hoesein
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1010

Abstract

Coal mining is a strategic sector that plays an important role in promoting national economic growth and increasing state revenue. However, illegal coal mining practices remain a serious problem as they cause environmental damage, state economic losses, social conflicts, and hinder the realization of sustainable mining governance. Existing law enforcement efforts have not fully provided a deterrent effect due to weak supervision, limited inter-agency coordination, and the suboptimal implementation of legal provisions in the mining sector. This condition indicates the need to strengthen law enforcement approaches that are not only oriented toward imposing sanctions but are also aligned with the principles of sustainable development as reflected in the Sustainable Development Goals (SDGs). This study aims to analyze the regulation and implementation of law enforcement against illegal coal mining in Indonesia, identify factors affecting the effectiveness of law enforcement, and formulate a concept for strengthening SDG-based law enforcement to achieve sustainable mining governance. This research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were obtained through a literature study of relevant laws and regulations, court decisions, and scientific literature, which were then analyzed qualitatively. The results of the study indicate that strengthening law enforcement needs to be carried out through regulatory harmonization, optimization of supervision, improvement of inter-agency coordination, implementation of proportional and consistent sanctions, and integration of SDG principles into mining policies. These efforts are expected to establish fair coal mining governance, provide legal certainty, protect the environment, and support sustainable national development.
Legal Protection for Business Actors Against Losses Arising from Product Returns in Electronic Transactions on TikTok Shop Siti Farul Balqis; Azhari Azhari; Sanusi Sanusi
International Journal of Sociology and Law Vol. 3 No. 3 (2026): 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.v3i3.1012

Abstract

The return policy implemented by TikTok Shop reflects an imbalance in legal protection between consumers and business actors. Although Article 6 letter a of Law Number 8 of 1999 concerning Consumer Protection guarantees business actors’ rights to receive payment according to agreed terms, and Article 5 letter b requires consumers to act in good faith, return mechanisms are often misused through unjustified requests, mismatched product returns, and manipulative practices causing financial losses. This study aims to analyze the regulatory framework of TikTok Shop return policies, legal protection for losses suffered by business actors, and available dispute resolution mechanisms. This research applies an empirical juridical method with a qualitative approach through literature review, observation, and interviews. The findings indicate that TikTok Shop’s return policy is a standard contract binding business actors through a clickwrap agreement. However, the Speedy Refund mechanism has not ensured balanced protection due to automatic refunds without adequate verification. Legal protection is provided through preventive regulations and repressive mechanisms, including appeals, dispute settlement bodies, Online Dispute Resolution, and courts. Strengthening digital platform regulations and verification systems is required to achieve fair legal protection.

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