Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Greenation International Journal of Law and Social Sciences

GIJLSS
Website

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

33 34 35 36 37

The Urgency of Governing Amnesty Authority in Indonesia's Democratic Rule of Law: A Study of the Case of Hasto Kristiyanto Rossa Purbo Bekti; Suparno
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.v3i3.593

The granting of amnesty to Hasto Kristiyanto has sparked serious public debate, particularly regarding the potential politicization of this legal instrument. This study analyzes the authority of amnesty in the Hasto Kristiyanto case using a normative-juridical approach. The results show that although procedurally it meets formal requirements, this amnesty raises questions regarding constitutional limitations and legal political implications. The concept of "state interest" as the basis for granting amnesty requires a more objective interpretation to avoid political subjectivity. The resulting implications include the potential for weakening judicial independence, erosion of the rule of law, and decreased public trust in the Indonesian criminal justice system. The study recommends the need for governance of amnesty authority in a democratic Indonesia, such as objective criteria for state interests, strengthening the checks and balances mechanism, limiting the types of crimes that can be pardoned, and increasing transparency to ensure fair implementation and in line with the principles of a democratic state under the rule of law.

Legal Implications of Applying IMO Instruments to the Protection of the Marine Environment from Pollution by Ships, Especially in Ecologically Sensitive Waters Agung Pratama Osmond; Suparno
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.v3i3.594

Protecting the marine environment from ship pollution is a global challenge regulated through various international legal instruments issued by the International Maritime Organization (IMO), such as the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention (BWM), the Oil Pollution Preparedness, Response and Co-operation (OPRC), and liability and compensation conventions, such as the Civil Liability Convention (CLC) and the Hazardous and Noxious Substances Convention (HNS). Indonesia, as an archipelagic country with ecologically sensitive waters, such as coral reefs, mangroves, and conservation areas, has a vital interest in integrating these provisions into national law. This study aims to analyze the legal implications of applying IMO instruments to protect the marine environment, particularly in Indonesia's ecologically sensitive waters. The research method uses a juridical-normative and conceptual approach by examining international and national laws and regulations, including Law No. 17 of 2008 concerning Shipping, as amended by Law No. 66 of 2024, Government Regulation No. 21 of 2010 concerning Maritime Environmental Protection, and Law No. 32 of 2009 concerning Environmental Protection and Management. The study shows that the ratification and implementation of IMO instruments create legal obligations for the prevention, monitoring, and enforcement of marine pollution. However, there are gaps between IMO standards and national capacity, including limited waste facilities, inter-agency coordination, and the effectiveness of sanctions. This study recommends harmonization of national regulations with IMO standards, strengthening of supervisory capacity, and the establishment of effective compensation mechanisms to ensure the protection of the marine environment in Indonesia's ecologically sensitive waters.

Video Streaming Platforms' Responsibilities for Repeated Copyright Infringement and Notice and Take Down Mechanisms Andry Dwiarnanto; Megawati Barthos
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.v3i3.595

The rapid growth of video streaming platforms poses challenges to copyright protection, particularly repeated infringement by users. Although platforms act as intermediaries, the continued uploading of pirated content raises questions regarding their legal liability. This study analyzes platform responsibilities from the perspective of safe harbor and notice and take down (NTD) mechanisms based on Indonesian regulations, including the Copyright Law, the ITE Law, Government Regulation 71/2019, and Minister of Communication and Information Regulation 5/2020, and compares them with the United States' DMCA and the European Union's e-Commerce Directive & Copyright DSM Directive. The analysis shows that Indonesia has regulated platforms' obligations to take action against infringing content through NtD, but has not yet explicitly regulated the deactivation of repeat users. Regulatory strengthening is needed to balance the interests of copyright holders and users' freedom of expression, including standard NtD procedures, counter-notice mechanisms, and administrative sanctions for negligent platforms. This research is expected to contribute to policymakers and industry players in formulating adaptive regulations to the dynamics of copyright infringement in the digital era.

Criminal Liability of Individuals and Third Parties in Crypto-Asset-Based Fraud Schemes: A Dormant Responsibility Perspective Herwansi Tambunan; Megawati Barthos
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.v3i3.596

The rapid growth of crypto assets in Indonesia has opened up economic opportunities while simultaneously raising the risk of fraudulent activities, such as rug pulls, fake investment offers, and market manipulation, which are detrimental to the public. This study analyzes the criminal liability of individuals and third parties in crypto-based fraud, emphasizing the concept of dormant responsibility, which is criminal liability arising from the negligence or passivity of parties who should have prevented the crime. The method used is normative juridical with a conceptual and legislative approach, examining the Criminal Code, Law Number 1 of 2024 concerning ITE, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, as well as regulations on the crypto asset sector under the supervision of the OJK through POJK Number 27 of 2024. The results of the study indicate that individual perpetrators can be held accountable based on the fraud provisions in the Criminal Code and Article 28 paragraph (1) of the ITE Law, while third parties, such as crypto exchanges, smart contract developers, and custodian service providers, are potentially liable if proven negligent in their supervisory obligations, KYC/AML, or prevention of suspicious transactions. The concept of Dormant Responsibility offers a new normative framework that places active and passive negligence as important elements to close legal loopholes, while balancing consumer protection with technological innovation. Research recommendations include strengthening preventive obligations on crypto service providers, harmonizing criminal regulations with digital financial regulations, and developing technical guidelines for proving crypto assets in court.

Consolidation of Executive Power and the Erosion of Public Participation in Omnibus Law Legislation in Indonesia Kaitanus F.X Mogahai; Evita Isretno Israhadi
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.v3i3.597

This paper examines how Indonesia's Omnibus Law legislation has accelerated the consolidation of executive power and the effects of declining public participation in the legislative process. Government Regulation in lieu of Law Number 2 of 2022 and the adoption of Law Number 11 of 2020 concerning Job Creation, which was later stipulated as Law Number 6 of 2023, demonstrates executive dominance in the legislative process. The accelerated formation mechanism, minimal public involvement, and the formality of the public consultation process raise constitutional issues related to the right to participation as guaranteed in Using This study uses a normative juridical method with a statutory, conceptual, and historical approach, drawing on primary legal materials such as the 1945 Constitution, Law Number 12 of 2011 in conjunction with Law Number 13 of 2022 concerning the Formation of Legislation, and the Constitutional Court Decision Number 91/PUU-XVIII/2020. Articles 28E and 28F of the Republic of Indonesia's 1945 Constitution, which declared the Job Creation Law conditionally unconstitutional. The research findings indicate that the consolidation of executive power has shifted the balance of checks and balances, weakened the deliberative function of the House of Representatives (DPR), and neglected the principles of openness and meaningful participation, potentially reducing the legitimacy of laws and public trust in the legislative process, while also posing challenges to the principles of the rule of law and constitutional democracy. This research recommends strengthening substantive public participation mechanisms, enforcing the principle of openness in accordance with Law 12/2011 in conjunction with Law 13/2022, and effective judicial oversight by the Constitutional Court to ensure that laws are enacted in accordance with the principles of participatory democracy.

Implications of Overlapping Authority between the Ministry of State-Owned Enterprises and the Board of Commissioners on the Effectiveness of Performance Supervision of State-Owned Enterprises Redi Setiadi; Evita Isretno Israhadi
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.v3i3.598

The overlapping authority between the Ministry of State-Owned Enterprises (SOEs) as the state shareholder and the Board of Commissioners as the supervisory organ of state-owned enterprises (PT BUMN) raises issues in the effectiveness of company performance supervision. By analyzing Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning SOEs, Law Number 40 of 2007 concerning Limited Liability Companies, and implementing regulations related to Good Corporate Governance (GCG), this study seeks to analyze the legal and governance implications of this overlapping authority. Using a statutory and conceptual approach, the normative juridical method analyzes the laws governing the interaction between the Ministry of SOEs, the Board of Commissioners, and the Board of Directors. The results of the study indicate that the unclear division of authority in determining strategic policies and evaluating performance creates the risk of dual supervision, weak accountability, and potential conflicts of interest, thereby reducing the independence of the Board of Commissioners and hampering the implementation of the principles of transparency, accountability, and independence according to GCG guidelines. This study recommends strengthening legal norms through revisions to implementing regulations, affirming the limits of authority, and official coordination procedures between the Board of Commissioners and the Ministry of State-Owned Enterprises to improve public trust, support sustainable national economic performance, and monitor state-owned company performance more effectively.

Implications of Non-Refoulement for Refugees and Asylum Seekers Suspected of Serious Crimes from an International Law Perspective Richard Herlambang; Zudan Arief Fakrulloh
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.v3i3.599

The principle of non-refoulement is a fundamental norm of international law that prohibits countries from returning refugees or asylum seekers to territories where they are at risk of torture, ill-treatment, or serious threats to their life and freedom. Its implementation faces challenges when refugees or asylum seekers are suspected of being involved in serious crimes, such as terrorism, war crimes, or transnational crimes. This study uses a juridical-normative approach by examining international legal instruments, including the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Article 33 on non-refoulement and Article 1F on exclusion clauses), and the Convention Against Torture (CAT) Article 3. At the national level, the study refers to Law No. 6 of 2011 on Immigration and Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad. The analysis shows that although exclusion clauses allow countries to refuse protection to perpetrators of serious crimes, the principle of non-refoulement remains binding when there is a risk of torture or inhumane treatment. Thus, states need to prioritize alternative mechanisms such as domestic prosecution (aut dedere aut judicare), extradition with guaranteed human rights protection, or resettlement in a third country. This study recommends the creation of a comprehensive national refugee law to balance international obligations, human rights protection, and state sovereignty.

Private Hospitals' Liability for Anesthetic Negligence with Implications for Vicarious Liability and Legal Immunity of the Medical Profession Selvy Devita Anggeraini; Zudan Arief Fakrulloh
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.v3i3.600

The principle of vicarious liability holds employers or healthcare institutions accountable for the negligence of medical personnel under their supervision. In the context of private hospitals, this becomes crucial when an anesthesiologist's negligence has the potential to cause serious harm to patients. This study examines the liability of private hospitals for anesthesia negligence, as well as the implications of vicarious liability and the legal immunity of the medical profession, using a normative and conceptual juridical approach. This study examines Law Number 17 of 2023 concerning Health, Articles 1365 and 1367 of the Civil Code, and Articles 359 and 360 of the Criminal Code. The study indicates that private hospitals can be held civilly liable if it is proven that they have an employment relationship or supervision with an anesthesiologist, even if the medical procedure is performed individually. Legal protection for the medical profession applies only as long as the physician acts in accordance with professional standards and medical procedures, thus not providing absolute protection against gross negligence. This study recommends strengthening employment contracts, standard operating procedures for anesthesia, and internal hospital oversight systems to minimize the risk of legal disputes and improve patient protection.

Reconstruction of the Piercing the Corporate Veil Concept from a Restorative Justice Perspective on the Environmental Impact of Monopolistic Practices Tri Andika Syam; Faisal Santiago
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.v3i3.601

Business monopoly practices often cause significant environmental impacts, while multi-layered corporate structures are exploited to avoid legal liability. The doctrine of piercing the corporate veil allows for the breach of the legal personality of a company, allowing shareholders, directors, or controllers to be held personally liable. This study examines the reconstruction of this concept from a restorative justice perspective to ensure environmental restoration and compensation for affected communities. A juridical normative approach is used through an analysis of laws and regulations, legal doctrine, and court decisions, including Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices, along with restorative justice guidelines. The study results show that this doctrine effectively penetrates legal entity protection when corporations are used to shift responsibility for environmental damage, while the integration of restorative justice principles broadens the focus from mere criminalization to ecosystem restoration, socio-economic recovery of victims, and prevention of recurrence of violations. This study recommends strengthening regulations with clear veil-piercing criteria in environmental and monopoly cases, restorative-based compensation mechanisms, and collaboration between law enforcement agencies and the community, so that a balance between legal certainty, environmental protection, and a sense of justice for victims can be achieved.

Copyright of Generative AI Music on Digital Music Platforms in Indonesia Rara Amalia Cendhayanie; Abdullah Sulaiman
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.v3i3.603

At present, music is readily accessible through various streaming platforms. Even digital technology has revolutionized the concept of music creation by enabling the use of generative Artificial Intelligence (AI), marking a new phase in the evolution of contemporary music. Currently, the use of generative AI is one of the issues being debated, particulary concerning copyright ownerhip of AI generated works. This study aims to investigate the regulation of copyright and the commercialization of music generated through generative AI in Indonesia. The research adopts a normative juridicial method with a literature based approach,focusing on the anyalysis of secondary legal materials. The Indonesian Copyright Law (ICL) does not explicitly regulate copyrighted works generated through generative AI. However, the ICL does contain provisions that accommodate the assistance of other parties or the use of aids in producing a copyrighted work, as stated in Article 34 of the ICL. Referring to the provisions of Article 34, a person who creates music using generative AI and has their music included on a digital music platform is entitled to royalties as a creator. However, the absence of specific rules related to the use of generative AI in music in the ICL should have received serious attention from the government to regulate this matter.

Page 35 of 44 | Total Record : 434

33 34 35 36 37

Filter by Year

2023 2026

Filter By Issues

Home Page

OAI Link

Editorial Team

Contact

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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