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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 200 Documents

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“Reconstruction of Legal Research Paradigms: From Positivism to Post-Positivism in the Context of Doctoral Dissertations” (Focus: Paradigm Shifts (Positivism, Progressive, Critical) and Their Implications for Doctoral-Level Research) Kms Herman; Lorraine Rangga Boro; A Tricho Dike Fierrera; Sunardi Sunardi; Kaisar Julio
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1039

This study examines the implications of the paradigm shift in legal research from a legalistic-positivist orientation toward post-positivist and progressive-critical approaches within doctoral legal scholarship. The research is motivated by the increasing recognition that legal positivism, while contributing to legal certainty and systematic legal reasoning, is limited in addressing complex social realities and substantive justice. Employing a normative legal research method with conceptual and philosophical approaches, this study analyzes paradigms of legal thought based on ontological, epistemological, and axiological dimensions as formulated in the framework of Guba and Lincoln. The analysis further engages with major legal theories, including legal positivism, legal realism, critical legal theory, constructivism, and progressive legal thought. The findings indicate that positivism emphasizes legal certainty and objectivity through formal normative structures, while post-positivism introduces epistemological reflexivity and methodological pluralism by acknowledging the limitations of knowledge. Critical legal theory challenges the neutrality of law by revealing its embedded power relations and transformative potential, whereas progressive legal thought advances a human-centered paradigm that prioritizes substantive justice and social welfare. The study concludes that the paradigm shift in legal research reflects a broader transformation in legal philosophy from formal legality toward substantive justice. This shift repositions law as a dynamic social institution that must respond to human needs, social context, and moral responsibility. Ultimately, the progressive paradigm reinforces the role of law as an instrument for social transformation and the advancement of human dignity.

Analysis of Budget Efficiency on Acceleration of Development in Papua from the Point of Financial Governance Kajagi Kalman; Yulianus Pabassing; Herniati Herniati; Sri Iin Hartini
Greenation International Journal of Law and Social Sciences Vol. 4 No. 4 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.1062

Papua is one of the provinces with the largest budget in Indonesia through the Special Autonomy Fund mechanism, but the development paradox remains very real with high poverty rates and infrastructure lag. This study aims to analyze budget efficiency towards accelerated development in Papua viewed from the perspective of regional financial governance, with a normative juridical approach to the dynamics of Special Autonomy regulations post-Law Number 2 of 2021 and PMK Number 33 of 2024. The research method uses a qualitative descriptive-juridical approach with document analysis, literature study, and review of laws and regulations. The results of the study indicate that the fiscal architecture and implementation of Papua's special autonomy regulations face a paradox where the increase in the Special Autonomy Fund ceiling to 2.25 percent of the national DAU has not been followed by a proportional increase in institutional capacity; every 1 percent increase in the Special Autonomy Fund only contributes 0.198 percent to the Human Development Index (HDI) with widening disparities between regions, which from an administrative law perspective indicates a systemic violation of the principle of efficiency as required by Article 3 of Law Number 17 of 2003 concerning State Finance. Second, the factors inhibiting financial governance are structural and multidimensional, including weak human resource capacity of civil servants, fragmentation of planning between levels of government, dominance of operational expenditure, high Construction Cost Index, and the flypaper effect phenomenon which together create normative weaknesses in the form of legal vacuum, weak administrative sanctions, and low implementation of General Principles of Good Governance (AUPB).

Protection of Victims’ Rights against Undue Delay in Criminal Proceedings through the Victim-Oriented Judicial Time Control Model Hermawati Hermawati; Kadi Sukarna
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1072

This article examines undue delay in criminal proceedings by placing victims at the center of the analysis. To date, delays in criminal proceedings have primarily been understood as a fair trial issue concerning suspects or defendants. However, victims also suffer direct consequences, including legal uncertainty, limited access to information, delayed protection, weakened evidentiary value, postponed restitution, and the risk of revictimization. This article employs a normative-prescriptive legal research method using statutory, conceptual, case, human rights, and comparative law approaches. The findings indicate that the New Criminal Procedure Code (KUHAP) has established an initial framework for preventing undue delay through provisions on procedural time limits, notifications, and inter-agency coordination. Nevertheless, these provisions do not yet fully provide corrective mechanisms for victims when criminal proceedings fail to progress within a reasonable time. The Constitutional Court Decision Number 130/PUU-XIII/2015 and Constitutional Court Decision Number 21/PUU-XII/2014 may serve as foundations for the development of judicial oversight mechanisms. This article proposes a Victim-Oriented Judicial Time Control Model, a framework that enables victims to challenge procedural delays, provides judges with objective parameters for assessing unreasonable delays, and creates opportunities for corrective measures against institutional inaction by law enforcement authorities.

Application of the Best Interests of the Child Principle in the Imposition of Guidance Sentences: An Analysis of Decision Number 6/Pid.Sus-Anak/2025/PN UNR Zusan Anggraeni Kusumawardhani; Kadi Sukarna
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1073

The principle of the best interests of the child constitutes a fundamental principle within the juvenile criminal justice system, requiring that every criminal sanction be oriented toward protection, rehabilitation, and social reintegration. This study analyzes the application of this principle in Decision Number 6/Pid.Sus-Anak/2025/PN UNR and examines its implications for the protection of children's rights and the achievement of rehabilitative objectives. The research employs a normative juridical method using statutory, case, and conceptual approaches. The findings indicate that the judge considered the child’s psychological and social conditions, family background, educational rights, social inquiry report, and the child’s relationship with family members in determining the placement for institutional guidance. Nevertheless, the decision still requires stronger legal reasoning regarding the selection of institutional guidance as the most proportional measure for the child. Based on international standards and the criminal law policy governing juvenile justice, deprivation of liberty should be regarded as a measure of last resort, applied proportionately, and directed toward recovery and social reintegration. The contribution of this study lies in formulating the best interests of the child as a substantive parameter in imposing guidance sentences, encompassing an assessment of the child’s circumstances, the choice of sanctions, the duration of punishment, the place of guidance, the protection of educational rights, victim restoration, and social reintegration planning.

Reconstructing State and Corporate Responsibility within the Human Rights Framework in Indonesia’s Mining Sector Nur Kholis; Satya Arinanto; Patricia Rinwigati
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1095

The development of the business and human rights regime represents a significant challenge to the classical paradigm that positions the state as the sole duty bearer in the protection of human rights. In Indonesia's mining sector, recurring social and environmental conflicts illustrate that violations of the rights to a healthy environment, health, and livelihood cannot be attributed exclusively to the state's failure to fulfill its obligations to respect, protect, and fulfill human rights. These violations are also closely linked to corporate conduct. Despite the introduction of the protect-respect-remedy framework by the United Nations Guiding Principles on Business and Human Rights (UNGPs), the implementation of these principles in Indonesia remains constrained by normative and institutional limitations. These limitations include the weak binding force of the National Action Plan on Business and Human Rights (Rencana Aksi Nasional Bisnis dan Hak Asasi Manusia, RAN BHAM) and the fragmentation of victim remedy mechanisms. This study seeks to reconstruct the responsibilities of the state and corporations in an integrated manner within the mining sector. Employing a normative legal approach through statutory, conceptual, comparative, and historical methods, this study identifies a structural mismatch between legal obligations and the distribution of economic power. The proposed contribution involves a model of collaborative responsibility that integrates state duties, corporate human rights due diligence, and coordinated remedy mechanisms. This integrated approach is designed to enhance human rights protection in mining governance.

Police Transformation in the Crypto Era in Handling Token-Based Money Laundering in Indonesia Indah Hartantiningrum; Eva Achjani Zulfa; Chairul M. Setyabudi; Ahmad Ibrahim Badry
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1119

The purpose of this study is to analyze how the transformation of the police force in Indonesia can be carried out to address token-based money laundering, as well as provide policy recommendations that can improve the effectiveness of law enforcement in the context of the development of crypto technology. Adopt a post-positivism paradigm and a qualitative approach to explore the transformation of the police in handling token-based money laundering in Indonesia. The data collected will be analyzed using qualitative analysis techniques, including coding and thematic analysis, to find relevant key patterns and themes. The results of the study show that the main challenges in enforcing the law against crypto-based money laundering in Indonesia include a lack of insight into blockchain technology and cryptocurrencies, inadequate policies, and difficulties in tracking transactions due to the decentralized nature and anonymity of digital assets. To address this problem, it is necessary to increase the technological capacity of law enforcement officers, develop specially trained units, and implement stricter regulations. In addition, community empowerment through education and training for police officers is essential to improve competence in detecting suspicious transactions. With these strategic steps, it is hoped that cybersecurity can be more guaranteed and the digital asset ecosystem in Indonesia will become more transparent and responsible.

Understanding Divorce in Karanganyar Regency Through Age at the First Marriage and Household Economic Conditions Yuliana Ristantya Ningsih; Muhammad Risky Geovantino
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1120

The phenomenon of divorce in society is often triggered by the lack of adequate preparation of the couple for the complexities of married life. The purpose of this study was to analyze the influence of age on the first marriage and economic conditions on the divorce rate in Karanganyar Regency. In addition, the study aims to identify policy recommendations for mitigation. The methodological approach used is a mixed method strategy in the form of concurrent triangulation, which integrates quantitative and qualitative methods simultaneously. The subjects of the study consisted of 96 individuals who had filed for divorce at the Karanganyar Religious Court. The data were analyzed using multiple regression, t-test, F-test, and coefficient of determination (R²), and were complemented by in-depth interviews. The results of the simultaneous test showed that age at the first marriage and economic conditions together were significantly related to divorce filings, with an F value of 51.842 and a significance of 0.000 < 0.05. These findings show a significant relationship between the two variables and divorce filings in study respondents. However, because the sample consisted of only 96 individuals who filed for divorce without a comparison group of nondivorced couples, the results could not be used to conclude causal relationships or determine risk factors for divorce in the general population. The policy can include comprehensive marriage counseling or pre-marriage education, with the aim of improving the couple's readiness and stability before entering married life.

Hybrid Criminal Liability Based on Risk-Based Approach in Artificial Intelligence-Based Crimes in Indonesia Mohammad Erfan; Nanik Sutarni; Ananda Megha Wiedhar Saputri; Sri Budi Raharjo
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1125

The development of Artificial Intelligence (AI) has introduced new challenges in criminal law, particularly regarding criminal liability in technology-based crimes. AI systems capable of operating semi-autonomously blur the relationship between the perpetrator, the act, and culpability, rendering the conventional fault-based principle of geen straf zonder schuld increasingly inadequate. This study aims to analyze the existing Indonesian criminal law framework governing AI-related crimes and to formulate an ideal model of criminal liability in response to such developments. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that current regulations in Indonesia remain limited and have not comprehensively addressed the complexity of AI-based crimes. Accordingly, this study proposes a hybrid criminal liability model based on a risk-based approach, integrating strict liability, vicarious liability, and risk-based accountability as mechanisms for proportional responsibility distribution without recognizing AI as a legal subject. This model is expected to contribute to the reform of criminal law toward a more adaptive, responsive, and just legal system in addressing AI-related crimes.

SDGs Trade-off on Online Transportation: A Systematic Review of the Environmental, Social, and Economic Impacts of Ride-Hailing and Mobility as a Service (MaaS) Yuwono Dwisilo Sucipto; Idris Gautama So; Aang Gunawan; Devi Marlita
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1129

The rapid development of information technology has given birth to the phenomenon of ride-hailing and Mobility as a Service (MaaS) which promises the efficiency of urban mobility. However, the contribution of these services to the Sustainable Development Goals (SDGs) is still a debate due to the trade-off phenomenon between the pillars of sustainability. This study used the Systematic Literature Review (SLR) method on 572 articles sourced from the Scopus database. The results of the analysis show that although economically these services increase revenues (SDG 8), there is a significant negative impact on the environmental pillar (SDG 13) due to the shift from public transportation and the deadheading phenomenon. In addition, there is a tug-of-war between social and economic pillars which is reflected in the working conditions of gig economy drivers. The discussion highlighted the need for integrated regulations to minimize conflicts of interest between the pillars of the SDGs, including MaaS integration, electric vehicle adoption, and workforce protection.

Digitalization of Land Certificates and Its Implications for the Accountability of Notaries and Land Deed Officials in Achieving Good Land Governance Satrio Parikesit Kusumo Nugroho; Rasji Rasji
Greenation International Journal of Law and Social Sciences Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i3.1212

The digitalization of land certificates has become a key component of Indonesia's land administration reform, requiring corresponding changes in legal accountability and governance. This study examines the implications of electronic land certificates for the accountability of Notaries and Land Deed Officials (PPAT) in achieving Good Land Governance. A qualitative literature review was conducted by analyzing statutory regulations, academic books, peer-reviewed journal articles, and publications from international organizations related to digital governance, land administration, and public accountability. The findings identify four major themes: digital transformation as institutional reform, the reconstruction of PPAT accountability, the allocation of legal responsibility among PPAT, ATR/BPN, and electronic system administrators, and the development of a legal accountability framework for electronic land administration. The study concludes that accountability should be differentiated according to statutory authority and institutional functions rather than treated as a shared obligation. It proposes a Legal Accountability Framework consisting of preventive accountability, procedural accountability, professional accountability, administrative and civil liability, disciplinary accountability, and institutional oversight. This framework strengthens legal certainty, transparency, institutional coordination, and public trust while providing a conceptual basis for implementing accountable and sustainable electronic land administration in Indonesia.

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Home Page

OAI Link

Editorial Team

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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

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