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Greenation International Journal of Law and Social Sciences
Published by Greenation Research
ISSN : 29863856     EISSN : 29863155     DOI : https://doi.org/10.38035/gijlss
Core Subject : Social,
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 434 Documents
Problems of Imposing the Death Penalty from the Perspective of Human Rights and Criminal Law Daud Juristo Chiang; Faisal Santiago
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.417

Abstract

The imposition of the death penalty is an issue that continues to be debated in the realm of criminal law and human rights (HAM). On the one hand, the death penalty is seen as a form of maximum punishment to provide a deterrent effect on perpetrators of serious crimes, such as premeditated murder and drug crimes, and to provide a sense of justice for victims. However, on the other hand, this practice is often criticized because it is considered a violation of the most fundamental right, namely the right to life, as regulated in the Universal Declaration of Human Rights. In addition, the application of the death penalty often raises legal problems, ranging from the potential for judicial errors to discrimination in the trial process. By examining the perspective of human rights and criminal law, this paper aims to analyze the problems that arise in the imposition of the death penalty and explore the possibility of a balanced solution between justice, humanity, and law enforcement. This study uses a normative legal method (legal research) that focuses on the analysis of laws and regulations, legal doctrine, and human rights principles related to the application of the death penalty. Normative legal research aims to understand legal norms and analyze their conformity with human rights principles.
The Urgency of Legal Regulation on the Use of Clinical DNA Tests as Evidence in Criminal Accountability in Indonesia Niken Budi Setyawati; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.418

Abstract

Clinical DNA testing as evidence in criminal liability is increasingly relevant along with the development of forensic technology. However, the criminal procedure law system in Indonesia, as regulated in the Criminal Procedure Code (Law No. 8 of 1981), has not explicitly accommodated the position of DNA testing as independent evidence. The use of DNA so far can only be categorized in expert testimony, which has raised debate regarding its evidentiary strength. Meanwhile, clinical DNA testing is also closely related to human rights protection, especially genetic privacy, as regulated in Law No. 27 of 2022 concerning Personal Data Protection. By referring to the latest Health Law (Law No. 17 of 2023) and developments in international practice, specific regulations on procedures, validity of results, and protection of DNA data are very urgent to avoid judicial errors and misuse of scientific evidence. This study uses a normative legal method with a statutory and conceptual approach. The results indicate that there is a need for an update to criminal procedure law to recognize clinical DNA testing as separate evidence while ensuring strict procedural standards. Thus, using scientific evidence can provide optimal contributions to the enforcement of criminal justice in Indonesia without ignoring the basic rights of individuals.
Impact of the Policy on Variation in Land and Building Acquisition Fee Tariffs Between Regions on the Community and Regional Original Income Sri Nuryeni; Faisal Santiago
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.419

Abstract

The policy of varying the Land and Building Acquisition Fee (BPHTB) rate is a form of implementing regional fiscal autonomy as regulated in Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. Regional governments have the authority to set BPHTB rates up to a maximum of 5%, but there are no provisions regarding the minimum rate limit. This condition triggers significant variations between regions, such as Jakarta which sets a rate of 5%, and Yogyakarta at 2.5%. This study aims to analyze the impact of variations in BPHTB rates on the community and Regional Original Income (PAD), as well as to review aspects of fiscal justice based on the principles of national tax law. The study uses a normative juridical method with a statutory approach and fiscal justice theory. The study results reveal that variations in BPHTB rates have implications for disproportionate tax burdens between regions, discrimination against people who change domicile, and the potential for manipulation of transaction values. On the other hand, rate variations affect the investment attractiveness and the effectiveness of PAD collection. Regions with high rates do not always obtain optimal PAD because they can reduce transaction volume, while regions with low rates are at risk of revenue stagnation. This policy is considered not fully in line with the principles of justice and proportionality. Therefore, a national minimum tariff standard and a strengthening of regional regulatory capacity are needed so that fiscal policy is fairer, more efficient, and adaptive to local conditions.
The Urgency of Mediation as a Mechanism for Resolving Agrarian Disputes within the Framework of the Legal Regulation System in Indonesia Muhenri Sihotang; Megawati Barthos
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.420

Abstract

Agrarian disputes in Indonesia are complex issues and often cause prolonged conflicts between various parties, including the community, government, and private sector. To find a fair, fast, and sustainable solution, mediation as a form of alternative dispute resolution (APS) is a strategic choice that is in line with the principles of efficiency and active participation of the parties. This paper discusses the urgency of mediation as a mechanism for resolving agrarian disputes within the framework of the regulatory system in Indonesia by highlighting how existing legal regulations provide a basis, space, and limitations for agrarian mediation. In addition, the challenges of implementing mediation in practice and its relevance in creating substantive justice for the disputing parties are analyzed. This study aims to provide a comprehensive understanding of the existence of mediation in resolving agrarian disputes and to encourage the strengthening of regulations and institutional capacity that support it.
Strategy for Optimizing the Position of Whistleblowers and Justice Collaborators in Corruption Criminal Law Reform in Indonesia Thomy Faisal; Suparno Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.421

Abstract

Whistleblowers and justice collaborators play an important role in dismantling complex corruption networks that often involve powerful actors in government and the private sector. However, in practice, their existence still does not receive optimal legal protection. This study aims to examine the strategy for optimizing the position of whistleblowers and justice collaborators within the framework of corruption criminal law reform in Indonesia. Using a normative legal method, this study analyzes applicable laws and regulations, such as Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, Law No. 13 of 2006 in conjunction with Law No. 31 of 2014, and LPSK Regulation No. 4 of 2021, as well as relevant legal theories. The study results indicate a gap between legal norms and their implementation, especially regarding the criminalization of whistleblowers, the unclear procedure for granting justice collaborator status, and the weak institutional protection of LPSK due to limited budget and authority. In addition, structural challenges and a culture of silence in the bureaucratic environment worsen the situation for whistleblowers. This study recommends revising regulations by adding an explicit prohibition on the criminalization of whistleblowers, strengthening the LPSK institution, providing financial incentives and economic protection, training law enforcers, and utilizing safe and anonymous reporting technology. This strategy is expected to encourage broader public participation in efforts to eradicate corruption and form a more just, inclusive, and sustainable legal system.
The Dualism of Judicial Authority in Handling Abuse of Power by Government Officials Between the Administrative Court and the Corruption Criminal Court Mardiyanti Mardiyanti; Abdullah Sulaiman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.422

Abstract

The dualism of judicial authority in addressing abuse of power by government officials represents a critical issue within Indonesia's legal system. Abuse of power may be prosecuted in two distinct legal domains: administrative law, under the jurisdiction of the State Administrative Court (Pengadilan Tata Usaha Negara/PTUN), and criminal law, handled by the Corruption Court (Pengadilan Tindak Pidana Korupsi/Tipikor). The authority of the Administrative Court is grounded in the Administrative Governance Law, which allows government officials a degree of discretion in decision-making. Conversely, the Corruption Court prosecutes abuse of power as a form of corruption based on the Anti-Corruption Law. The overlapping jurisdictions of these two judicial bodies raise several legal challenges, including uncertainty in law enforcement mechanisms, the potential for conflicting rulings, and the risk of criminalizing officials who act within the bounds of administrative discretion. This study aims to analyze the concept of abuse of power from both administrative and criminal law perspectives, examine the respective jurisdictions of the Administrative Court and the Corruption Court in such cases, and identify the legal issues that arise from this dualism. A normative juridical method is employed, incorporating statutory (statute approach), conceptual, and comparative approaches. The statute approach examines the legal norms governing the jurisdictions of PTUN and Tipikor, while the conceptual approach explores legal theories related to abuse of power. The comparative approach analyzes how similar cases are handled in other jurisdictions. This research seeks to contribute to academic discourse by providing a deeper understanding of the legal dilemmas caused by dual judicial authority and proposing normative solutions to ensure legal certainty within Indonesia’s judicial system.
Utilization of Artificial Intelligence (AI) in Mobile Applications to Ensure the Personal and Legal Safety, Security, and Welfare of Informal Migrant Workers Based on Real Just-in-Time (RJIT) Conditions Abroad Dwi Arie Isdiyanto; Azis Budianto
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.423

Abstract

Indonesian informal migrant workers’ long history of violence and other victimized experiences, crucial to be solved by the Indonesian government (and representatives of various countries) by getting real just-in-time (RJIT) updates about the migrant workers' situations. These updates play their role in the database information system and RJIT monitoring of informal migrant workers through situations, and conditions, including their legal standing. Advanced AI utilization might even save migrant workers' lives and/or health as it might be set as an emergency button that connects informal migrant workers to local emergency services (fast response), on-site Indonesian government representatives, and other necessary entities. It might also become the first pace of legal monitoring and protection for migrant workers. Using the empiric juridic methodology, this paper analyzed various regulations related to migrant workers, rules, and laws interaction, and examined the implementation of (AI-based) applications on migrant workers in multiple countries. AI's key focus role lies on features effectivity (location tracking, physical identification, emergency notification, risk assessment notification based on RJIT information), legal-info-chatbot (LIC), and legal counsel assistance (LCA). The research showed that integrated advanced and comprehensive RJIT-AI features in migrant workers’ mobile applications positively contributed to improved access to justice, emergency case response, and handling, benefits for the safety and welfare of migrant workers, and function for any related parties. This research recommended regulations strengthening and cross-country synergies in supporting AI technology utilization on informal migrant workers through a protection system.
AI Perspective as an Instrument for Optimizing BUMN Board of Directors' Decision Making to Increase Revenue and Build the State Economy Zaka Hadisupani Oemang
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.424

Abstract

This paper examines the strategic role of artificial intelligence (AI) as an instrument for optimizing decision-making by the board of directors in Indonesian State-Owned Enterprises (BUMN), with the aim of increasing revenue and building the national economy. The study highlights the significant contribution of BUMN to Indonesia's economic growth, as reflected in rising dividends and profits, and explores the necessity for ongoing transformation to remain competitive in a dynamic environment. The research discusses the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara) to optimize state assets and strengthen BUMN management, drawing comparative lessons from international sovereign wealth funds such as Temasek, GPFG, and CIC. The analysis emphasizes the importance of robust governance, transparency, and risk management in business decisions, referencing legal frameworks and the business judgment rule doctrine. The paper further explores the integration of AI technologies—such as machine learning, deep learning, and neural networks—within BUMN operations to support efficient, data-driven decision-making, process automation, and resource optimization. The findings suggest that leveraging AI, supported by ethical and regulatory compliance, can enhance operational efficiency, mitigate risks, and foster innovation, thereby positioning BUMN as a key accelerator of Indonesia's economic development.
Reconstruction of Indonesia’s Cyber Law System for Adaptive and Integrated Digital Crime Prevention in the Era of Technological Disruption Endro Satoto; Faisal Santiago
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.425

Abstract

The rapid development of information and communication technology has given rise to increasingly complex cybercrime phenomena that cross territorial, legal, and national jurisdiction boundaries. In Indonesia, the cyber law system still shows various weaknesses in terms of regulation, law enforcement, and protection of victims. Although there are several legal instruments such as the Electronic Information and Transactions Law (Law No. 1 of 2024) and the Personal Data Protection Law (Law No. 27 of 2022), these regulations have not fully addressed the dynamic digital threats that continue to evolve, such as AI-based crimes, ransomware, and misuse of personal data. Law enforcement also faces challenges due to limited human resource competencies, constraints in digital forensic technology, and weak inter-agency coordination. This situation is exacerbated by regulatory disharmony, resulting in legal vacuums and overlapping authorities among institutions. This study proposes the reconstruction of Indonesia’s cyber law system to be adaptive and integrated by promoting the formation of a National Cyber Law, strengthening the role of the National Cyber and Crypto Agency or Badan Siber dan Sandi Negara (BSSN), and establishing a unified task force to respond to cross-sector digital crimes. Using a normative juridical approach, this paper analyzes the urgency of developing a legal system that is not only responsive to technological developments but also ensures legal certainty and justice for all citizens in the digital space.
Harmonization of Restorative Justice Regulations within the Indonesian Criminal Justice System Afriendi Sikumbang; Rineke Sara
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.426

Abstract

Abstract. A different strategy within the criminal justice system, restorative justice places an emphasis on repairing ties between victims, offenders, and the community via dialogue and reconciliation techniques. Regulations like the Juvenile Justice Act (Law No. 11 of 2012), National Police Regulation No. 8 of 2021, Prosecutor's Regulation No. 15 of 2020, and Supreme Court Regulation No. 1 of 2024 have all contributed to the notable advancement of restorative justice implementation in Indonesia. However, its effectiveness still faces various challenges, including lack of synergy among law enforcement agencies, regulatory limitations, low human resource capacity, and suboptimal victim protection. This study aims to analyze the legal framework, challenges, and efforts to harmonize regulations and coordination among law enforcement agencies in order to enhance the effectiveness of restorative justice in Indonesia. The findings indicate that regulatory harmonization, development of integrated standard operating procedures (SOPs), and the strengthening of institutional capacity and coordination are key to optimizing the implementation of restorative justice as a fair and humane justice system.

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