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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 120 Documents
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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.
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.

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