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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 434 Documents

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New Directions for Criminal Law Politics Post-National Criminal Code Law: Between Restorative and Retributive Justice M. Sirot; Bambang Soesatyo
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.581

The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) marks a historic moment in Indonesian criminal law politics. This regulation represents a "decolonial" effort to replace the Dutch-inherited Criminal Code (Wetboek van Strafrecht) with a criminal law system rooted in the Pancasila philosophy and Indonesian values. The most fundamental change lies in the shift in the sentencing paradigm, from one originally oriented towards retributive justice (retribution) to an approach that balances corrective, rehabilitative, and restorative justice. This new approach aims to redefine the relationship between the state, perpetrators, and victims, with a focus on recovery. This study aims to analyze the new direction of Indonesian criminal law politics following the enactment of the National Criminal Code, conceptually comparing the principles of retributive justice in the old Criminal Code with the restorative justice approach in the new Criminal Code, and identifying implementation challenges in this transitional sentencing paradigm. This study uses a normative juridical method. Using a legislative and historical approach, a comparative analysis of the philosophy, principles, and norms of punishment contained in the old Criminal Code and Law No. 1 of 2023 was conducted to map the transformation of criminal law policy. It was found that the National Criminal Code explicitly abandons the philosophy of lex talionis and adopts a more humanistic goal of punishment, reflected in the criminal provisions and actions. Restorative justice is positioned as a complement to the conventional justice system, emphasizing the restoration of victims' losses and the social reintegration of perpetrators, rather than as a complete substitute for retributive justice. This creates a constructive tension, requiring law enforcement officials to make contextual choices between punitive and restorative approaches, rather than adopting a single approach. The greatest challenge lies not in the legal text, but in changing the culture and paradigm of law enforcement officials who have long been accustomed to a retributive system. The National Criminal Code inaugurates a more progressive criminal law policy by placing restorative justice as one of its main pillars. However, its successful implementation depends heavily on cultural transformation within law enforcement. It is recommended that the government prioritize a massive, ongoing socialization and training program for judges, prosecutors, and police to internalize this new paradigm, and encourage legal education institutions to reform their curricula.

Corporate Governance in the Digital Economy and ESG (Environmental, Social, and Governance) Principles Soffa Marwa; Bambang Soesatyo
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.582

The rapid growth of the digital economy demands fundamental transformation in corporate governance (GCG), which no longer focuses solely on financial performance, but also on the integration of sustainability principles. Demands from investors and global stakeholders are encouraging companies in Indonesia to adopt an Environmental, Social, and Governance (ESG) framework as an integral part of their business strategy. Digital transformation plays a significant moderating role, where technologies such as the Internet of Things (IoT) and artificial intelligence (AI) can accelerate ESG implementation and improve risk management accuracy. However, the Financial Services Authority (OJK) has identified major challenges in its implementation, particularly the limited availability of competent human resources and reliable data, which risks reducing ESG reporting to a mere formality. This study aims to analyse the integration model between GCG and ESG principles in the context of Indonesia's digital economy, identify the role of digital transformation in strengthening the impact of ESG on company performance, and examine regulatory challenges and the role of the OJK in promoting substantive ESG implementation. This study uses a normative juridical method. The analysis focuses on relevant regulatory frameworks, such as OJK Regulation (POJK) No. 51/2017 on Sustainable Finance, as well as a conceptual approach to examining the synergy between GCG theory and ESG principles in the digital era. It was found that the synergy between ESG and GCG significantly improves reputation, resilience, and investor confidence. Digital technology has been proven to increase operational efficiency and risk mitigation in ESG management by 30-60%. The role of the board of directors is crucial in driving ESG performance. However, implementation in Indonesia is still top-down and oriented towards compliance with OJK regulations, while the internal capacity of companies, including human resources and data infrastructure, is not yet fully adequate. The convergence of the digital economy and ESG is shaping a new paradigm of techno-ethical governance. However, its success depends on addressing capacity challenges. It is recommended that regulators such as the OJK shift from merely requiring reporting to facilitating HR capacity building and data standardisation. Companies need to invest strategically in digital technology and talent development to ensure authentic and impactful ESG implementation.

Modern Governance of Hajj and Umrah: Digital Innovation and Legal Protection for Pilgrims Singgih Januratmo; Binsar Jon Vic
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.583

The administration of Hajj and Umrah in Indonesia faces complex governance challenges, such as extremely long pilgrim queues, weak supervision of Umrah Travel Organizers (PPIU), and the increasing number of fraud cases that harm pilgrims. The repeated failures of travel agencies to properly facilitate or repatriate pilgrims highlight the urgent need to strengthen legal protection mechanisms. In response, the government has promoted the modernization of governance through digital innovation, aligning with Saudi Arabia’s vision of digital transformation. This digitalization serves a dual purpose: enhancing the efficiency and transparency of public services while simultaneously reinforcing the state’s regulatory and control functions over private organizers. This study aims to analyze the modernization of Hajj and Umrah governance through digital innovation, evaluate the effectiveness of digital systems such as the Integrated Hajj Computerization System (Siskohat) in improving services and oversight, and examine the adequacy of the legal framework particularly Law No. 8 of 2019 in providing legal protection for pilgrims. The research employs a normative juridical method, analyzing the legal framework governing Hajj and Umrah administration, including Law No. 8 of 2019, the Consumer Protection Act, and derivative regulations issued by the Ministry of Religious Affairs concerning PPIU standards and certification. Digital innovations such as Siskohat have successfully integrated registration, payment, and data validation processes, significantly improving efficiency and transparency. New platforms like SERAMBI facilitate online licensing and accreditation for PPIUs, transforming the traditional periodic-manual supervision model into a system of continuous digital surveillance. Normatively, Law No. 8 of 2019 provides a strong legal foundation, including severe criminal sanctions for organizers engaged in fraud or negligence. However, there remains a gap between the availability of data generated by digital systems and the effectiveness of law enforcement in practice, as fraudulent activities continue to occur. The governance of Hajj and Umrah is thus undergoing a transformation toward a data-driven model characterized by greater modernity and transparency. Despite robust digital innovations and a solid legal framework, the protection of pilgrims remains suboptimal due to weak law enforcement. It is therefore recommended that the Ministry of Religious Affairs establish a collaborative task force with the National Police to proactively utilize data from Siskohat and other digital systems for investigation and strict enforcement against problematic PPIUs, thereby ensuring that legal sanctions are applied effectively.

Legal Benefits of the Use of Artificial Intelligence Technology in Resolution of Medical Disputes Hadi Zulkarnain; Ahmad Redi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.585

The demands of healthcare services, as stipulated in Law Number 17 of 2023 concerning Health, which demands excellent healthcare services, make the use of technological advances such as AI highly desirable. The healthcare sector, which utilizes AI, certainly assists in early disease detection, treatment planning, and telemedicine, thus facilitating healthcare services, including law enforcement in medical disputes. How beneficial is it legally to use artificial intelligence technology to settle medical disputes? That is the research's main concern. This study employs descriptive analysis and secondary data to conduct a normative legal analysis. The results show that the legal benefit of using artificial intelligence technology in resolving medical disputes is to facilitate research, data collection, and information processing quickly and accurately. Therefore, the use of AI calculations will eliminate the potential for suspicion from litigants or the public and make the judges' decisions more objective. Thus, the position of AI is not as a decision-maker, but is limited to recommendations from the analysis results. Therefore, in an effort to create legal certainty regarding the use of AI technology in resolving medical disputes, it is necessary to immediately issue legislation on resolving medical disputes that utilize information and communication technology by involving the active role of the community in creating the legislation.

Corporate Criminal Liability in Indonesian Tax Crimes: A Study of the Gap Between Legal Norms and Enforcement Practices Adriana Dwi Hardjanti; Ahmad Redi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.586

This research is motivated by the limited application of corporate criminal liability in tax crimes in Indonesia, despite the clear existence of legal provisions governing such liability. This condition reveals a significant gap between legal norms and enforcement practices, where criminal sanctions are more frequently imposed on individual executives rather than on corporations as legal entities. The purpose of this study is to analyze the factors that hinder the implementation of corporate criminal prosecution in tax crimes and to examine the role of the new Indonesian Criminal Code as a momentum for criminal law reform. The research employs a normative juridical method by reviewing relevant legislation, legal doctrines, academic literature, and judicial decisions. The findings indicate that the main obstacles to imposing criminal liability on corporations do not stem from the absence of legal basis but from the dominance of administrative approaches in the General Taxation Provisions and Procedures Law, doctrinal barriers arising from classical criminal law principles such as nulla poena sine culpa, and the reluctance of law enforcement officials to treat corporations as the principal perpetrators of tax crimes. The study concludes that the effectiveness of corporate criminal prosecution depends largely on political will, paradigm shifts among law enforcement institutions, and judicial consistency in applying substantive justice. Furthermore, the research emphasizes the need for clear technical guidelines and strong institutional coordination, with the new Criminal Code serving as a strategic opportunity to strengthen deterrence, ensure fiscal justice, and enhance the integrity of Indonesia’s tax law enforcement system.

Transforming Cybercriminal Law Governance through an Interdisciplinary Approach as an Effort to Achieve Global Prosperity Amalia Sari; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.587

The development of information technology in the digital era has given rise to various forms of cybercrime that are cross-border and have a significant impact on legal, social, and economic aspects. The complexity of cybercrime poses challenges for national criminal laws that are often lagging behind technological dynamics. This condition not only threatens legal certainty and the protection of people's rights, but also has an impact on the stability of the digital economy, data security, and social justice. To analyze the extent to which criminal law regulation in Indonesia has been able to answer the complexity of cross-border cybercrime and to formulate a concept of transforming cyber-criminal law governance that is more adaptive, responsive, and oriented towards global welfare. The method used is normative juridically, using a legislative approach and an analytical approach. Research shows that the weaknesses of cyber-criminal law in Indonesia lie in the disharmonization of regulations, the limited capacity of law enforcement officials, the lack of use of digital forensic technology, and the weak cooperation across countries. Governance transformation can be realized through regulatory harmonization, increasing digital literacy of law enforcement officials, applying technology in proof, and strengthening international cooperation mechanisms. In conclusion, the governance of cyber-criminal law based on an interdisciplinary approach not only provides legal certainty and protection for the community, but also contributes to the creation of global prosperity in the digital era.

Easy Access to Health Services in Inclusive Government Governance Tumpak Parulian Situngkir; Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.588

Access to health services is a fundamental right guaranteed by the 1945 Constitution. The Indonesian government has demonstrated its strong commitment through the Contribution Assistance Recipient (PBI) program, namely in Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, which provides subsidies for National Health Insurance (JKN) premiums funded by the regional budget for the poor and underprivileged. However, there are serious challenges related to the accuracy of targeting recipients and the equitable distribution of health care facilities throughout Indonesia. The objective of this study is to analyze the mechanism for determining PBI recipient criteria, identify obstacles in program implementation, and offer strategic solutions to make health subsidies more effective and equitable. The method used is normative juridical, employing a legislative and analytical approach. Research shows that although PBI has succeeded in improving access to health services through Article 14 paragraph (2) of Law Number 40 of 2004 concerning the National Social Security System, the problem lies in the validation of recipient data, which is often inaccurate, so that the wealthy continue to enjoy subsidies while some of the poor are overlooked. Government efforts such as DTKS integration, supervision of aid distribution, and the construction of primary hospitals are significant steps toward improvement. effectiveness of the PBI program is highly dependent on the accuracy of beneficiary data and the equitable distribution of healthcare services. With strengthened databases, continuous verification, and improved healthcare infrastructure, this program can be more targeted and sustainable in achieving social justice in the field of health.

A Critical Analysis of Carbon Trading Policy as an Action for Adaptation and Mitigation of Climate Change from the Perspective of Indigenous Peoples in Indonesia Muhammad Arman; Rineke Sara
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.589

The climate crisis, biodiversity loss and pollution are three planetary crisis facing humanity today. Studies show that the primary source of these crises is the massive emissions released by developed/industrial countries over the past decades through energy, agriculture, forest and land conversion, industrialization, and waste. In 2015, the world’s nations committed to addressing the climate crisis, in accordance with the Paris Agreement. By passing Law Number 16 of 2016 about the Paris Agreement on the United Nations Framework Convention on Climate Change (UNFCCC), Indonesia, a party to the UNFCCC Conference of the Parties, ratified the Paris Agreement. Presidential Regulation Number 98 of 2021, which addressed the Implementation of Carbon Economic Values for Achieving Nationally Determined Contribution Targets and Control of Greenhouse Gas Emissions in National Development, was subsequently issued in response to this policy. The Indonesian government has disregarded the rights of Indigenous Peoples in favor of a carbon trading mechanism centered on forests and land, rather than reaffirming its commitment to combating climate change. This study critically examines carbon trading programs within the perspective of climate change adaptation and mitigation using a qualitative methodology grounded in literature analysis, particularly from the perspective of Indigenous Peoples. Findings indicate that carbon trading-based conservation models often contradict Indigenous Peoples' own conservation practices. In fact, in many regions, such projects trigger conflict, land grabbing, and the potential criminalization of Indigenous Peoples. Furthermore, carbon trading fails to address the root causes of the climate crisis. The offset scheme instead allows industrial actors to continue releasing emissions on a large scale. Therefore, this mechanism is inconsistent with the principles of climate justice, the fulfillment of Indigenous Peoples' rights, and the global obligation to curb global warming.

Optimizing Public Services to Achieve Good Governance Saur Oloan Hamonangan Situngkir; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.590

Public service is one of the main functions of the state in realizing the welfare of society. However, in practice, there are still problems of maladministration, such as discrimination against the community, prolonged delays, and illegal levies that burden the community. This situation clearly contradicts the principles of public service as stipulated in Article 4 letter l of Law Number 25 of 2009 concerning Public Services, namely the principles of speed, convenience, and affordability. The objective of this study is to analyze forms of maladministration that violate the principles of speed, convenience, and affordability, and the optimization of public services in realizing good governance. The method used is a normative juridical method, with a legislative and analytical approach. Research shows that maladministration of public services violates the principles of speed, convenience, and affordability, namely prolonged administrative delays, discrimination in service, and illegal fees. These practices violate Article 4 letter l of Law Number 25 of 2009 concerning Public Services. Synergy between internal and external oversight will strengthen the system of checks and balances in public services, including the role of the Ombudsman and public participation through easily accessible complaint channels. This study confirms that maladministration in public services, such as prolonged delays, discrimination, and illegal fees, is contrary to the principles of speed, convenience, and affordability as stipulated in Law No. 25 of 2009. To realize good governance, it is necessary to strengthen internal and external oversight.

Customs Valuation Disputes in Export-Import: Evaluating Objection and Appeal Procedures for Business Certainty Erwan Bagja Erawan; Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.591

Accurate customs valuation underpins fair taxation and equitable trade practices, yet disputes frequently emerge during the assessment process, particularly in export-import transactions. This article investigates the legal and practical dynamics of objection and appeal against customs valuation, with a focus on their implications for business certainty. Drawing on empirical observations, regulatory analysis, and interviews with practitioners, the study identifies several recurring causes of disputes, including valuation adjustments by customs authorities, lack of clarity in evidentiary requirements, and limited access to consistent legal guidance. Despite the availability of objection and appeal as statutory remedies, exporters and importers report challenges such as high administrative burdens, delays in adjudication, and financial risks during the resolution process. These obstacles undermine predictability in cross-border trade and may discourage investment. The findings underscore the importance of reforming dispute settlement mechanisms by introducing time-bound procedures, enhancing transparency in decision-making, and aligning national practices with international valuation standards. The article concludes that strengthening objection and appeal procedures not only protects the rights of traders but also reinforces trust between businesses and customs administrations, thereby contributing to smoother trade facilitation and more resilient international commerce.

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Home Page

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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