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M. Rizky Mahaputra
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INDONESIA
Jurnal Greenation Sosial dan Politik
Published by Greenation Publisher
ISSN : 29859425     EISSN : 29859433     DOI : https://doi.org/10.38035/jgsp
Core Subject : Social,
Jurnal Greenation Sosial dan Politik (JGSP) adalah jurnal peer-review dan akses terbuka, yang didirikan pada tahun 2023. Diterbitkan empat kali setahun (Februari, Mei, Agustus, dan November) dikelola dan diterbitkan oleh Greenation Publisher & Yayasan Global Resarch National. Jurnal ini berusaha untuk menerbitkan artikel penelitian asli tentang isu-isu sosial dan politik termasuk sosiologi, politik, kebijakan publik, kewarganegaraan, administrasi publik, pembangunan sosial, pemerintahan, demokrasi, agama dan politik, radikalisme dan terorisme, isu gender, dan sosiologi agama.
Articles 32 Documents
Search results for , issue "Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)" : 32 Documents clear
Inclusion of Fingerprints in Notarial Deed Minutes as a Guarantee of Legal Protection for the Parties Ariany, Erry; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.353

Abstract

The position of Notary is a profession that requires special skills and high responsibility in serving the legal needs of the community. However, in practice, there are often deviations by the parties appearing before the Notary, such as the party that should be listed in the deed is not the person who is present in person or denying the existence of a transaction made before the Notary. To protect the validity of the deed and the position of the Notary, one of the provisions regulated in Article 16 paragraph (1) letter c of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary is the obligation to include the fingerprints of the parties on the minutes or attachments to the deed. This study aims to examine and analyze the importance of these provisions in guaranteeing the authenticity of the identity of the parties, preventing legal defects in the deed, and ensuring its legal accountability. By using a normative legal approach based on statutory regulations, this study concludes that the regulation regarding fingerprints in the minutes of notarial deeds still gives rise to various interpretations, so strict supervision is needed from the Notary Supervisory Board to impose sanctions if there is negligence by the Notary in its implementation.
Abuse of Guardianship in Criminal Justice Darti, Andi; Sulaiman, Abdullah
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.355

Abstract

Guardianship (curatele) aims to protect individuals who are legally declared incompetent in exercising their rights and obligations, as stipulated in Article 433 of the Indonesian Civil Code. However, in criminal proceedings, guardianship status is often misused by suspects as a strategy to evade legal processes, even without valid medical grounds. This issue arises due to the absence of clear regulations governing guardianship within the criminal law framework, leading to a legal vacuum and opening avenues for manipulative practices that amount to obstruction of justice. This study adopts a normative juridical approach and literature review to analyze the misuse of guardianship status and the urgency of establishing new regulations that set objective standards for medico-legal evaluation. The findings indicate that weak coordination between law enforcement and medical institutions, as well as the lack of integrative evaluation standards, contributes to the misuse of guardianship. Therefore, firm regulations and cross-sectoral evaluation mechanisms are needed to ensure that guardianship is granted solely to individuals who genuinely require it and not misused as a shield from criminal liability.
Harmonization of National and International Law in the Utilization of AI for the Organization of Hajj A Collaborative Study Between the Governments of Indonesia and Saudi Arabia in Hajj Technology Systems Aljawi, Muhammad Farid; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.356

Abstract

The annual Hajj pilgrimage presents significant logistical challenges, increasingly addressed through Artificial Intelligence (AI) by the Kingdom of Saudi Arabia, often in collaboration with countries like Indonesia, which sends the largest contingent of pilgrims. This study examines the complex legal landscape surrounding the use of AI in Hajj organization, focusing on the need for harmonization between Indonesian national law (including Law No. 27/2022 on Personal Data Protection and Law No. 8/2019 on Hajj/Umrah), Saudi Arabian law (including the Personal Data Protection Law and SDAIA AI guidelines), and relevant international frameworks (AI ethics, data protection, human rights). Using a qualitative methodology based on secondary data analysis, this paper identifies key AI applications in Hajj, analyzes existing Indonesia-Saudi collaborative efforts, and evaluates points of conflict and convergence between the respective legal regimes. Findings highlight significant challenges in areas such as cross-border data transfer, sensitive data processing, algorithmic bias, and accountability. The study concludes by recommending pathways towards legal harmonization to ensure ethical, rights-respecting, and efficient AI deployment in managing the Hajj, fostering continued collaboration between Indonesia and Saudi Arabia.
The Urgency of Establishing Special Regulations Regarding the Promotion and Advertising of Dental Services Based on Ethics and Consumer Protection Sarwono, Aditya Pratama; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.357

Abstract

Promotion and advertising of dental services are increasingly common, especially through digital media, but have not been balanced with specific and adequate legal regulations. Currently, regulations regarding advertising of dental services are still general and spread across various regulations, such as the Medical Practice Act, the Consumer Protection Act, and professional codes of ethics. The absence of specific regulations that specifically regulate the limitations, forms, and supervision of dental promotions raises the potential for ethical violations, medical misinformation, and consumer losses. This study aims to analyze the urgency of establishing specific regulations that can comprehensively regulate the advertising of dental services by considering legal aspects, professional ethics, and consumer protection. The method used is a normative legal approach with an analysis of laws and regulations, literature studies, and comparisons of practices in several other countries. The study results indicate that the legal vacuum in regulating dental advertising can cause legal uncertainty and reduce public trust in the dental profession. Therefore, regulations that are firm, adaptive to technological developments, and in line with the principles of medical ethics are needed.
Dynamics of Legal Politics and Power Contestation after Constitutional Court Decision Number 60/PUU-XXII/2024 Concerning the Wholesale Party System in the 2024 Simultaneous Regional Elections Yudhistira, Dhieno; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.358

Abstract

Constitutional Court Decision Number 60/PUU-XXII/2024 has become a critical turning point in the Indonesian legal political landscape, especially regarding the political party system in the implementation of the 2024 Simultaneous Regional Elections. This decision cancels the practice of "wholesale parties" which allows political parties to lend candidacy tickets without substantive involvement in the political process, which has been considered to reduce the quality of democracy and local political accountability. The study analyzes the dynamics of legal politics that emerged after the decision, including the responses of political parties, and election organizers, and their impact on the map of power contestation in the regions. Through a juridical-political approach, this study explores how the Constitutional Court's decision affects the configuration of regional election law, opens up opportunities for party system reform, and at the same time, gives rise to resistance from political actors who have benefited from the practice of wholesale parties. The research results reveal that this decision is not only a correction to legal norms but also an intervention against the oligarchic structure in local democracy. However, the implementation and supervision of the effects of the decision still face challenges, especially in enforcing regulations and the consistency of their derivative regulations. Thus, the dynamics of post-decision legal politics show the tug-of-war between the interests of democratic reform and the power of the status quo in the local political system.
The Influence of Authoritarian Political Configuration in The Presidential Government System on Constitutional Court Decisions Salamony, Jetter Wilson; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.359

Abstract

The authority of the Constitutional Court, which should ideally result in independent decisions free from external influence, has proven to be very difficult to achieve. This is because the decisions of the Constitutional Court are also influenced by political interests. This situation places society, as seekers of justice, in a challenging position when dealing with disputes in the Constitutional Court, as it is not easy to confront the political interests of those in power. The legitimacy of political power formed through group dynamics creates an authoritarian political configuration, which not only impacts the democratic life of a nation but also undermines the enforcement of law. In terms of state governance, Indonesia explicitly acknowledges a democratic political configuration as enshrined in its Constitution, which firmly recognizes Indonesia as a democracy based on Pancasila. Changes in the practice of democratic politics have significantly affected various legal aspects in Indonesia, including legal politics, legal products, and even the decisions of the Constitutional Court (MK), which holds the authority to adjudicate and decide cases related to judicial review. Ultimately, the Constitutional Court has also become part of state institutions affected by the shift from democratic political practices to authoritarian political configurations. This research is conducted normatively using primary data derived from Constitutional Court Decisions Number 90/PUU-XXI/2023, 60/PUU-XXII/2024, and 70/PUU-XXII/2024, focusing on the outcomes of decisions influenced by political interest tendencies. The research data is also supplemented by other sources obtained through legal literature and information from various media. The results of the research conducted found that: The position of the Constitutional Court as a state institution within a presidential system is not one that operates independently, despite being part of the judiciary. The system of separation of powers allows for the Constitutional Court to be influenced by both executive and legislative powers. In an authoritarian political configuration, the creation of large coalitions in the legislative and executive branches automatically leads to dominance that directly affects the decisions of the Constitutional Court. This is due to the composition of judges on the Constitutional Court, which consists of three judges nominated by the President, three by the DPR (House of Representatives), and three by the Supreme Court.
Legal Culture and the Challenges of Ethical Enforcement: Legal Reform and Ethical Implications in the Advertising and Promotion of Healthcare Services in Indonesia Sarwono, Aditya Pratama; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.360

Abstract

The promotion of healthcare services, particularly in the field of dentistry, has rapidly evolved in the digital era. However, this development has not been accompanied by adequate legal regulations, leading to various ethical and legal concerns. This study aims to examine the effectiveness of healthcare advertising regulations in Indonesia, identify violations of medical ethical principles, and propose juridical solutions for fairer and more accountable law enforcement. The findings indicate that weaknesses in oversight, ambiguous legal norms, and poor inter-agency coordination are the primary obstacles to regulatory enforcement. Additionally, a permissive legal culture and excessive professional solidarity further undermine the implementation of the dental code of ethics. Many advertisements have been found to violate principles of honesty, justice, and non-maleficence, and often manipulate consumer perceptions. To address these issues, this study recommends comprehensive regulatory reform, the adoption of digital monitoring technologies, the strengthening of independent ethical bodies, and the protection of the dignity of dental professionals. Public education and cross-sector collaboration are also essential to building a more ethical, transparent, and responsible healthcare promotion system.
Legal Formulation of Substitute Money Charges in Corruption Cases in the Perspective of State Financial Recovery Sari, Amalia; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.361

Abstract

The responsibility for corruption lies with the perpetrator, and the state is only responsible for execution without bearing the shortfall, meaning that losses may not be fully recovered. Consequently, further elucidation is requisite on Article 18 paragraph 1 letter b of the Corruption Eradication Law with regard to the imposition of restitution. The present study aims to examine the mechanism for recovering state financial losses, including the limitations in recovering losses that are not enjoyed by the perpetrators of corruption crimes and the legal construction of restitution in corruption cases from the perspective of restoring state finances. The research method employed is a normative research method through a statutory approach and an analytical approach. The results obtained demonstrate that the mechanism for recovering state losses due to corruption offences still faces obstacles. The provisions of Article 18 paragraph (1) letter b of the Corruption Eradication Law do not provide adequate legal certainty regarding the imposition of restitution in the perspective of state financial recovery. It is therefore recommended that a reformation of legal provisions, especially those pertaining to the imposition of restitution, is initiated with a view to clarifying the limits of the perpetrator's responsibility and thereby enhancing the effectiveness of state financial recovery in cases of corruption offences.
Legal Implications of Proving the Status of Non-Marital Children through DNA Tests in the Indonesian Civil Law System Noval, Cepi; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.362

Abstract

The development of genetic technology, especially DNA testing, presents new opportunities in proving civil law, especially related to the status of children non-marital. In the context of Indonesian law, the regulation of non-marital children still gives rise to various interpretations, especially in terms of determining civil relations with the biological father. The Constitutional Court through Decision No. 46/PUU-VIII/2010 and the latest Decision No. 69/PUU-XIII/2015 has opened up the space for recognition of children non-marital, but has not fully regulated the mechanism of proof comprehensively, especially in cases involving alleged adultery. This study aims to analyse the status of children non-marital after the Constitutional Court's decision and the extent to which DNA tests can be used as evidence to determine the child's civil rights, whether as main evidence or only in supporting nature. The research method used is normative juridical with a legislative approach and a study of court decisions. The results show that DNA tests have high scientific validity, but are still legally positioned as supporting evidence, not a single stand-alone evidence. This is in line with Article 1865 of the Civil Code and Article 164 of the Civil Code which places evidence in a certain hierarchy. In conclusion, although DNA tests have the potential to strengthen the civil claims of non-marital children against their biological fathers, there is still a need for voluntary recognition or through a court order that comprehensively assesses the entire set of evidence. Therefore, further regulation is urgently needed to ensure legal certainty and protection of the rights of children non-marital in Indonesia.
Legal Study on the Payment Mechanism of Copyright Royalties and Its Implications in the Indonesian Creative Industry Ibrahim; Fakrulloh, Zudan Arief
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.363

Abstract

The rapid development of the creative industry in Indonesia has prompted the emergence of various debates regarding the mechanism for payment of copyright royalties, especially related to direct and indirect payments to the owners of works. This problem is further complicated by various interpretations of applicable legal provisions, such as those stipulated in Law Number 28 of 2014 Article 2 and Article 3, as well as other implementing regulations that regulate the royalty distributive mechanism. This research aims to criticize and analyze in depth the differences in the royalty payment mechanism, identify existing legal loopholes, and provide recommendations for regulatory adjustments to create a fairer and more transparent system between creators and users of works. This study method uses a normative approach with juridical and comparative analysis, which is complemented by literature review, legal document studies, and case analysis related to the implementation of royalty payments in the creative industry sector. The results show that direct royalty payment mechanisms offer higher revenue transparency and accuracy in financial distribution, while indirect payment systems often lead to less effective administrative complexity and supervision. The analysis also revealed that there are shortcomings in the synchronization of implementation between laws and regulations and industry practices, thus causing potential legal disputes. Overall, this study concludes that regulatory harmonization through revision and sharpening of legal provisions, as well as improving supervisory mechanisms, is a strategic step to overcome copyright royalty polemics, encourage distributive justice, and support the sustainable growth of the creative industry in Indonesia.

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