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Jurnal Greenation Sosial dan Politik
Published by Greenation Publisher
ISSN : 29859425     EISSN : 29859433     DOI : https://doi.org/10.38035/jgsp
Core Subject : Social,
Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 32 Documents
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Search results for , issue "Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)" : 32 Documents clear
Reconstruction of Bankruptcy Law for State-Owned Enterprises and Private Enterprises in the Perspective of Economic Justice Siringoringo, Naek Mampetua; Israhadi, Evita Isretno
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.v3i2.364

Abstract

The current bankruptcy legal system in Indonesia shows inequality in treatment between State-Owned Enterprises (SOEs) and private companies, especially in terms of filing bankruptcy applications. In practice, SOEs often receive stronger legal protection than private companies, both because of their status as managers of public interest and government policy interventions, which give rise to economic injustice and inequality. The purpose of this study is to critically examine the differences in regulation, implementation, and propose legal reforms that ensure fairness in bankruptcy filings for SOEs and private companies. This research uses a juridical-empirical approach with reference to the theory of legal minds, legislation theory, and development law reform theory. The results of the study show that the bankruptcy arrangement for SOEs and the private sector does not reflect the principles of justice and equality before the law, because there are significant differences in treatment in submission procedures and requirements, as well as the intervention of state actors against SOEs. Legal reconstruction is needed so that bankruptcy regulations are fairer and more accommodating to dynamic economic needs, while maintaining national stability and legal certainty. The conclusion of this study is that Indonesia's bankruptcy system requires comprehensive reform based on substantive justice values, so that law is not only a technical instrument, but also a social engineering tool towards national economic balance.
Legal Reformulation of Political Rights of Members of the Indonesian National Army to Ensure Democratic Justice and Enforcement of Human Rights Ferdinal, Ocktave; Israhadi, Evita Isretno
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.v3i2.365

Abstract

Political rights, including the right to vote, are fundamental components of human rights as enshrined in the 1945 Constitution of the Republic of Indonesia—specifically Article 27(1), Article 28D(1), and Article 28E(3)—and further reinforced by Article 43 of Law No. 39 of 1999 concerning Human Rights. These constitutional provisions are consistent with Article 21 of the Universal Declaration of Human Rights, which affirms that “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” In practice, however, statutory provisions such as Article 39 of Law No. 34 of 2004 on the Indonesian National Army and Article 200 of Law No. 7 of 2017 on Elections explicitly prohibit members of the Indonesian National Army from exercising their right to vote. This raises concerns regarding legal coherence and potential breaches of the principle of non-discrimination. This research examines the legal-political framework regulating the political rights of military personnel and proposes a legal reformulation grounded in the principles of human rights and equitable democratic participation. Employing a normative legal methodology, the study adopts statutory and conceptual approaches informed by the notion of non-discriminatory justice. The findings highlight inconsistencies between current legal norms and constitutional values, advocating for a phased legal reform which distinguishes between active and passive suffrage, supported by independent oversight to uphold military neutrality without infringing upon the constitutional rights of citizens.
International Legal Strategy to Trace and Recover Corrupt Assets Hidden Outside the State Jurisdiction Under UNCAC Provisions Novelino, Romadu; 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.v3i2.367

Abstract

Recovery of assets resulting from corruption hidden outside the jurisdiction of a country is a serious challenge in law enforcement and the eradication of corruption globally. The United Nations Convention Against Corruption (UNCAC) as an international legal instrument provides a comprehensive framework to facilitate cooperation between countries in tracing, freezing, and returning corruption assets. This study examines the international legal strategies regulated in UNCAC, including the mechanism of international cooperation, mutual legal assistance, and the principle of recognition and enforcement of foreign judgments. In addition, this study analyzes the implementation obstacles faced by developing countries in accessing cross-jurisdictional asset recovery procedures and the importance of strengthening the capacity of domestic institutions and legal diplomacy between countries. With a normative approach and case studies, this paper aims to identify strategic steps in optimizing asset recovery based on the UNCAC international legal framework.
The Urgency of Resolving Indonesian Migrant Worker Cases through Restorative Justice Originated to The National Criminal Code Hevben
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.v3i2.368

Abstract

Indonesia has the fourth largest population in the world. With such a large population, some of the population seeks work abroad because the number of jobs in the country is inadequate. However, finding a job is not as smooth as imagined , but many of them become conflicts. Based on statistical data from the Ministry of Foreign Affairs, it was revealed that in the period from 2020 to March 2024, at least 3,703 Indonesian citizens (WNI) became victims of Online Scamming crimes, where around 40 percent of them were identified as victims of Human Trafficking (TPPO). Meanwhile, based on data from the Criminal Investigation Unit of the National Police Headquarters, throughout 2023, the Indonesian National Police (Polri) has handled 1,061 TPPO cases with a total of 3,363 victims. However, on the other hand, many Indonesian Migrant Workers who work abroad through placement agents need a solution that is felt to be humane to the victims. With the existence of Law No. 18 of 2017 concerning the Protection of Migrant Workers, there is no protection that can be directly felt by victims who directly feel the losses they experience. In Article 85 (a) Jo. Article 71 a which is only oriented towards punishment and fines for perpetrators of criminal acts whose benefits cannot be felt by the victim. Therefore, there needs to be a more effective solution through Restorative Justice, namely a solution that involves all parties, both the perpetrator, the victim and also the state as a forum to facilitate the agreed settlement so that the victim can feel direct and fast recovery from the perpetrator and by involving the state as a forum that bridges it so that if the Restorative settlement is not resolved by the parties, it can be prosecuted as a last resort. That the purpose of this study suggests a resolution of the conflict between labor supply agencies/corporations and victims of Indonesian Migrant Workers abroad based on Restorative Justice so that the impact of recovery can be felt directly by the victim. In this study, the researcher used the Empirical Juridical method, Juridical which was taken from library materials, legislation, written articles, both journals and articles related to Indonesian migrant workers. From an empirical perspective, the researcher took the researcher's experience in handling Indonesian migrant worker cases and interviews with senior prosecutors who had handled Indonesian Migrant Worker cases.
The Urgency of Establishing Special Regulations on Crypto Mining in the Framework of Legal Certainty in Indonesia Situmeang, Ojak; Soesatyo, Bambang
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.v3i2.369

Abstract

The rapid development of blockchain technology has driven increased crypto-mining activities in various countries, including Indonesia. However, until now, Indonesia has not had specific regulations that explicitly regulate crypto mining, both in terms of legality, licensing, legal protection, and its impact on the environment and the national electricity system. This ambiguity creates legal uncertainty for business actors, investors, and law enforcement officers in assessing and handling these activities. This study aims to examine the urgency of establishing special regulations regarding crypto mining to provide clear and comprehensive legal certainty. The method used is a normative legal approach with an analysis of applicable laws and regulations and comparative studies with several countries. The study results reveal that special regulations are needed to address the legal challenges that arise from the practice of crypto mining that continues to grow in this digital era.
Reformulation of the Law on the Rights of Apartments Built on Waqf Land as an Effort to Synchronize Land Regulations and Waqf Regulations Wahyu Utami, Widya; Redi, Ahmad
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.v3i2.370

Abstract

Regulations regarding flats built on waqf land still face various legal problems, especially related to the synchronization between land and waqf regulations. The disharmony of these legal norms creates uncertainty in terms of ownership, utilization, and legal status of the flats. This study aims to reformulate the legal construction that can bridge the dualism of regulations between agrarian law and waqf law, thus producing a more integrative, fair legal system that provides legal certainty for all interested parties. The approach used in this study is a normative approach with comparative analysis and a conceptual approach. This legal reformulation is expected to be the basis for the new legal policy formulation that is adaptive to the development of community needs, especially in the provision of waqf-based housing.
Effectiveness and Efficiency of Mediation in Out-of-Court Dispute Settlement as an Alternative Legal Protection for Disputing Parties Nasution, Izhar Zahri; Redi, Ahmad
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.v3i2.371

Abstract

Mediation as an alternative form of dispute resolution outside the court is increasingly gaining attention in the Indonesian legal system. This study aims to analyze the effectiveness and efficiency of mediation in providing legal protection for disputing parties without going through a long, expensive litigation process that often causes prolonged conflict. Through a normative legal approach with literature studies and analysis of mediation regulations and practices in various institutions, it was found that mediation offers faster, more flexible solutions that pay attention to common interests. The results find that the success of mediation is highly dependent on the mediator's quality, the willingness of the parties, and adequate regulatory support. Thus, mediation can be an effective and efficient means of resolving disputes while strengthening access to justice for the community.
Legal Protection for Insurance Consumers in Cases of Default by Insurance Companies Based on the Consumer Protection Act Andri; Herman, KMS
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.v3i2.372

Abstract

This study aims to analyze the form of legal protection provided to insurance consumers in cases of default by insurance companies, by referring to the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, default cases often result in material and immaterial losses for policyholders, as well as legal uncertainty. Through a normative legal approach, this study examines the rights and obligations of the parties in the insurance agreement and the role of the supervisory institution in ensuring the fulfillment of consumer rights. The results of the study indicate that although there are regulations governing consumer protection, their implementation still faces various obstacles, especially in terms of law enforcement and dispute-resolution mechanisms. Therefore, it is necessary to strengthen regulations and optimize the role of the Financial Services Authority and the National Consumer Protection Agency in providing effective and fair legal protection for insurance consumers.
Preparation and Implementation of Government Regulations in Lieu of Laws as a Government Tool to Handle the Economic Crisis in Indonesia Parikesit, Satya Bhakti; Redi, Ahmad
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.v3i2.373

Abstract

The preparation and implementation of Government Regulation instead of Law (PERPU) is one of the main strategies used by the Indonesian government to deal with the ongoing economic crisis. In the context of global economic uncertainty and the impacts felt domestically, PERPU is flexible for the government to quickly respond to emergencies without waiting for a long legislative process. This article aims to analyze the role of PERPU in responding to various economic challenges, from business sector recovery to increasing socio-economic stability. In addition, this study also assesses the effectiveness of the implementation of PERPU in overcoming structural problems arising from the crisis and its impact on long-term economic policy in Indonesia. By using a policy analysis approach, it is desired to obtain a deeper understanding concerning the contribution of PERPU in reducing the crisis and accelerating Indonesia's economic recovery.
Analysis of the Effectiveness of the Omnibus Method in Drafting Laws to Realize Business Licensing Law Reform in Indonesia Setiadi, Elen; Redi, Ahmad
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.v3i2.374

Abstract

The omnibus method is a new approach in the formation of legislation in Indonesia which aims to simplify regulations and overcome overlapping legal rules. This study aims to analyze the effectiveness of the omnibus method in drafting laws as a means of realizing legal reform of business licensing in Indonesia. Through normative studies and analysis of the Job Creation Law as an example of the application of the omnibus method, this study found that it can accelerate regulatory harmonization and provide legal certainty for business actors. However, its effectiveness has encountered challenges in public participation, transparency, and potential violations of the principles of good legal regulation formation. Therefore, it is necessary to strengthen the legislative mechanism so that the omnibus method can truly function as an instrument of sustainable legal reform.

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