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Greenation International Journal of Law and Social Sciences

GIJLSS
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Published by Greenation Research

ISSN : 29863856 EISSN : 29863155 DOI : https://doi.org/10.38035/gijlss

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the advancement of technology and education. The writings on GIJLSS will make a significant contribution to critical thinking in the scientific field in general, particularly in the fields of Law and Social Sciences.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 177 Documents

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Rethinking Digital Intellectual Property Protection in Indonesia: Comparative Insights from Singapore and the European Union Rufinus Hotmaulana Hutauruk; Rosalinda Rosalinda; Hari Sutra Disemadi; Lu Sudirman
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.827

Indonesia’s current framework for removing Copyright- and trademark-infringing digital content remains fragmented, with no standardized notice-and-takedown procedure, unclear institutional oversight, and sanctions that lack deterrent effect. This study asks how Indonesia can strengthen its content-removal regime and align it with international best practices. The objective is to formulate legally sound and operational reforms by comparing Indonesia’s laws with Singapore’s regime and the European Union’s Digital Services Act (DSA) 2022. Using a normative juridical method with a comparative legal approach, the research examines statutory provisions, institutional arrangements, and enforcement mechanisms across the three jurisdictions. The findings show that the EU offers the most comprehensive and adaptive model, combining structured notice-and-action, automated measures, robust transparency duties, and independent oversight with turnover-based penalties. Singapore provides a pragmatic, moderately structured system with clear takedown pathways and a dedicated regulator (IMDA), though without automated removal obligations. Indonesia lags in procedural clarity, specialization, and proportionate sanctions. The article proposes three integrated reforms for Indonesia: (1) a standardized notice-and-takedown mechanism; (2) the establishment of an independent digital intellectual property supervisory authority; (3) strict statutory response time standards; and (4) clear, tiered platform liability rules, all of which are reinforced by proportionate, turnover-based sanctions. Grounded in progressive legal theory and Radbruch’s tripartite purpose of law, the study's significance lies in formulating a concrete, adaptive legislative roadmap capable of safeguarding intellectual property rights, compelling platform accountability, and aligning Indonesia's digital governance with international best practices.

The Urgency of Recognizing the 'Opt-Out Right' to Protect Consumer Personal Data in P2P Lending Fintech Nadia Carolina Weley; Shenti Agustini; David Tan; Tony Wibowo; Tony Tan
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.830

Financial Technology (FinTech) has significantly advanced financial services in the digital era, with Peer-to-Peer (P2P) lending platforms emerging as a major example. While these platforms provide financial assistance, many operate under the principle of "forced consent," where users are required to agree to unnecessary data processing, such as for marketing or data analysis, as a condition for accessing core services. This practice violates the "lawful consent" principle outlined in the 1945 Constitution of the Republic of Indonesia and is implicitly prohibited under Law Number 27 of 2022 on Personal Data Protection and regulations by the Financial Services Authority. This study proposes a concrete solution by advocating for the adoption of the "Right to Opt-Out," a principle effectively implemented by the European Union through the General Data Protection Regulation (GDPR). The Right to Opt-Out allows individuals to refuse or limit the use of their personal data without losing access to essential services. Using a normative legal research method with a statutory approach, the study recommends incorporating the Right to Opt-Out into Indonesia's data protection framework, enhancing legal certainty and empowering consumers to control their personal data in P2P lending services.

Inconsistency of Court Decisions on Legality of Yogyakarta No.68/KEP/2015 Governor Decree and Compliance Marsha Merlina Hakim; Mahendra Wardhana
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.832

The dispute over the location determination for Kulon Progo Airport under the Governor of DIY Decree No. 68/KEP/2015 exposes not merely judicial inconsistency among the Administrative Court (PTUN), the Administrative High Court, and the Supreme Court, but a deeper doctrinal ambiguity in Indonesian administrative law. This article argues that the core issue is not simply whether the decree fulfills the criteria of a State Administrative Decision (KTUN), but the absence of a coherent framework to assess administrative acts with both regulatory and individual characteristics. By analyzing the divergent rulings, this study demonstrates that the Supreme Court’s decision constitutes a critical doctrinal shift. It redefines location determination as a justiciable KTUN and introduces a stricter standard of review that integrates formal legality with substantive compliance, particularly alignment with the Regional Spatial Plan (RTRW). The article’s main contribution lies in proposing the concept of “hybrid administrative decisions” to better capture the legal nature of such decrees. This conceptualization not only clarifies the object of administrative disputes but also strengthens judicial control over land acquisition policies. Ultimately, the study highlights the need for clearer legislative guidance to prevent future interpretative disparities and ensure stronger protection of citizens’ land rights.

From Contract of Work to Licensing Regime: Balancing State Sovereignty and Legal Certainty in Indonesia’s Mining Law Transformation Mohamad Syah Indra Aman; Richard C. Adam
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.833

The transformation of Indonesia’s mining legal framework from the contract of work regime to the licensing regime represents a significant restructuring of the relationship between the state and investors in the governance of natural resources. While this shift reflects an effort to strengthen state sovereignty and enhance regulatory control over strategic resources, it also raises complex questions regarding the evolving nature of legal certainty in investment activities. This study aims to critically examine the comparative characteristics of both regimes and their implications for legal certainty within Indonesia’s mining sector. The research employs a normative juridical method supported by statutory, conceptual, and comparative approaches. The findings indicate that the relationship between contractual stability and administrative flexibility is not strictly dichotomous, but rather reflects a dynamic tension shaped by regulatory design, institutional practice, and governance objectives. Although the licensing regime increases state discretion in resource management, its impact on legal certainty is contingent upon regulatory consistency and institutional coherence, rather than the regime itself. This study concludes that the transformation of mining law should not be interpreted as a linear decline or improvement in legal certainty, but as a complex reconfiguration of legal governance that requires a more balanced approach between state authority, investor protection, and sustainable resource management.

An Economic Analysis of Law on Legal Certainty in the Transition from Contract of Work to Licensing Regime in Indonesian Mining Law Mohamad Syah Indra Aman; Richard C. Adam
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.836

This study examines the transition from the Contract of Work regime to a licensing-based regime in Indonesian mining law through the lens of Economic Analysis of Law, focusing on legal certainty, regulatory efficiency, and transaction costs. The transformation reflects a shift from contractual governance toward an administrative framework that redefines the relationship between the state and investors. This change raises a fundamental tension between investment stability and strengthened state control over natural resources. The objective of this study is to analyze how this institutional transition affects legal certainty and economic efficiency in the mining sector. This research employs a normative juridical method combined with a law and economics approach, operationalized by examining changes in transaction costs, regulatory predictability, and the distribution of authority. The findings indicate that the licensing regime may improve administrative efficiency and reduce coordination costs through centralized control, yet it simultaneously increases regulatory uncertainty and discretionary risks that affect legal predictability. This study argues that the relationship between efficiency and legal certainty is mediated by the quality of regulatory governance. The novelty lies in integrating legal certainty and transaction cost analysis to explain the governance implications of mining law reform in Indonesia.

Concept of Position and Role People's Consultative Assembly as an Embodiment of People's Sovereignty in the State System in Indonesia Ari Wibowo; Eni Dasuki Suhardini; Dani Durahman
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.837

The People's Consultative Assembly (MPR) is a state institution classified as a bicameral legislative institution in the constitutional system in Indonesia, with a membership composition consisting of members of the DPR and DPD. Condition gives rise to several potential problems, including conflicts of interest in carrying out their duties and authorities, so that it will be difficult to realize a people's sovereign democracy. It shows that first, the current position of the MPR is not related to a people's sovereign democracy, because there is a distortion of interests between the interests of the people and the interests of political parties, making it difficult for the MPR to accommodate the interests of the people. The importance of restructuring the position and role of the MPR to guarantee the upholding of the supremacy of democracy and the supremacy of the constitution, as mandated by the 1945 Constitution of the Republic of Indonesia.

Political Party Endorsement in Supporting the Sole Candidate Muhammad Fadhil Arief and H. Bakhtiar in the 2024 Simultaneous Regional Election of Batanghari Regency Hatta Abdi Muhammad; Sutri Destemi Elsi; Cholillah Suci Pratiwi; Nasuhaidi Nasuhaidi; Arissy Jorgi Sutan
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.839

This study analyzes the political party endorsement strategies leading to the sole-candidate scenario in Batanghari Regency during the 2024 simultaneous regional elections and its implications for democratic quality. While existing literature largely focuses on multi-candidate competition, a significant research gap remains regarding the specific mechanisms of "political cartels" that eliminate local opposition. Using a qualitative case study approach with NVivo 12 Plus, the research identifies that strategic alliances (44.83%), resource considerations (31.03%), and electability (24.14%) were the primary drivers of unanimous endorsements. The findings demonstrate that this "Three-Actor Framework" transforms elections into referendum-style contests, driven by public perception (41.38%) and elite dominance (34.48%) rather than ideological alignment. This research contributes to the field by offering a novel analytical model of how institutional fragility and pragmatic coalition-building, specifically the prioritization of short-term success (41.38%) over cadre development (24.14%), effectively neutralize electoral competitiveness. The study concludes that the "cartelization" of local parties erodes democratic resilience, suggesting an urgent need for regulatory reforms to restore pluralism.

Settlement of Industrial Relations Disputes Based on Work Decisions Generated by Automatic Systems Firkha Amidana; Adi Muliawansyah Malie
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.844

The development of information technology encourages the use of automated systems in employment decision-making, such as performance assessment, supervision, sanctions, transfers, and the sustainability of employment relationships. While it improves efficiency, it has the potential to lead to industrial relations disputes, especially if done without transparency, correction mechanisms, and adequate human oversight. This study aims to analyze the legal status of automated system-based work decisions and dispute resolution in Indonesian law, especially in the case of worker mutation to remote locations to encourage resignation and avoid severance pay obligations. The method used is normative legal research with legislative, conceptual, and case approaches. The results of the study show that automated systems are not subject to law, so the responsibility remains with the employer. Decision testing refers to the principles of legal protection, legal certainty, procedural fairness, and accountability.

Reconstruction of the Law on Air Transportation Tariff in order to Achieve Legal Certainty and Justice in Indonesia Enny Kristiani; Faisal Santiago; Binsar Jon Vic S.
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.847

This study aims to formulate a legal reconstruction model for airfare setting to achieve legal certainty and justice in Indonesia. The method used is normative juridical, with statutory and analytical approaches, to Law Number 1 of 2009 concerning Aviation and its derivative regulations. The results indicate that the rigid price caps regulation has proven ineffective in accommodating fare surges driven by fundamental market forces, such as rising fuel costs, unfavourable exchange rates, and modern market mechanisms. Legal reconstruction is suggested through a hybrid tariff regulatory framework that balances state control with market flexibility, allowing market forces to drive efficiency while simultaneously defending the market from anti-competitive abuse and robustly protecting the rights of consumers. This model is expected to create an adaptive tariff system, provide legal certainty, ensure social justice, and support the sustainability of the aviation market in Indonesia.

Child Rights Protection Compliance Ecosystem in Indonesia: Harmonization of the CRC, Digital Risks, Legal Pluralism, and Participation Muhammad Fachri Said; Syawal Amirul Syah; Andika Prawira Buana; Andi Sri Rezky Wulandari
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.895

This article examined the minimum obligations of the Convention on the Rights of the Child (CRC) can be operationalized in the Indonesian context, which was characterized by legal pluralism and accelerating digital risks. Using normative legal research methods through legislative, conceptual, and limited comparative approaches, this study maps CRC standards and General Comments (particularly GC 5, GC 12, and GC 25) onto national norms, institutional mandates, and implementation-enforcement mechanisms. The findings showed the main problem was not merely a lack of norms, but rather an implementation enforcement gap in the compliance infrastructure: coherence between regimes (child protection, data protection, and platform governance), capacity and coordination across actors, and the absence of auditable procedural indicators to test best interests, protection, and participation. This article proposes a "compliance ecosystem" framework that combines (i) implementation guidelines based on Best Interests Assessment and reason-giving as a bridge for legal pluralism, (ii) protective regulations in the digital space that place the obligation of risk assessment and mitigation on electronic system/platform operators, and (iii) child participation designs that can demonstrate influence through procedural standards and outcome-based monitoring and evaluation.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name M. Rizky Mahaputra

Contact Email greenation.info@gmail.com

Phone +6281210467572

Journal Mail Official greenation.info@gmail.com

Editorial Address Jl. Kapten. A. Hasan, Telanaipura, Kota Jambi, Jambi 36361, Indonesia

Location Kota jambi, Jambi INDONESIA

Abstract

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Abstract

Abstract

Abstract

Contact Name
M. Rizky Mahaputra

Contact Email
greenation.info@gmail.com

Phone
+6281210467572

Journal Mail Official
greenation.info@gmail.com

Editorial Address
Jl. Kapten. A. Hasan, Telanaipura, Kota Jambi, Jambi 36361, Indonesia

Location
Kota jambi,

Jambi

INDONESIA