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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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Enhancing Urban Spatial Planning Effectiveness Through Simplification of Procedures and Harmonization of Policies Between Central and Regional Governments Agus Tri Atmoko; Hono Sejati; Muhammad Zainuddin
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.v3i3.619

This study analyzes the legal challenges in spatial planning and land management in urban areas based on Law Number 26 of 2007 concerning Spatial Planning, using descriptive research methods to describe spatial conditions and provide rational and balanced interpretations. The results of the study indicate that the main problems in spatial management include the preparation of spatial plans that are still hampered by complex and bureaucratic procedures, policy implementation that is often not in accordance with the plan due to regulatory disharmony between the central and regional governments, and weak supervision that causes rampant violations of spatial planning without effective sanctions. In addition, suboptimal coordination between related sectors and the lack of capacity of local governments to utilize information technology, such as geographic information systems (GIS), also hamper efficient and adaptive spatial management of urban dynamics. Strategic efforts are needed in the form of simplifying spatial revision procedures, harmonizing central and regional policies, strengthening supervisory institutions by increasing their authority and capacity, stricter law enforcement against spatial violations, and improving community involvement in spatial supervision to create a more sustainable, responsive, and in-line spatial planning system with socio-economic developments in urban areas.

Protection of Minority Rights to Equality Before the Law in the Legal System in Indonesia Rian Panji Satria; Hono Sejati; Irfan Rizky Hutomo
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.v3i3.620

Reform in Indonesia brings great expectacy for respect for human rights, including protection for minority groups. However, in reality, discrimination still occurs that is contrary to the ideals of the reform. This study aims to analyze legal protection for minority groups in Indonesia using normative legal methods through literature studies and analysis of laws and regulations. The results indicate that although there are various national legal instruments, such as the 1945 Constitution, and the Human Rights Law, and ratification of international instruments such as the ICCPR and ICERD, the implementation of legal protection for minority groups still faces various challenges. The main factors that hinder the effectiveness of this protection include structural discrimination, weak law enforcement, and the lack of concrete affirmative policies. Therefore, strategic steps are needed in the policy of protecting minority groups, including a more progressive human rights-based approach, strengthening regulations, and increasing the government's commitment to enforcing fair and equal legal protection for all citizens, including minority groups.

Renewal of People's Mining Business Permit Regulations as an Instrument for Improving Community Welfare Ade Zamrah; 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.v3i3.621

Artisanal mining plays a strategic role in empowering the local economy, but its practice is often hampered by legal uncertainty, overlapping permits, and weak oversight. This study aims to examine the need for legal reform related to the People's Mining Business Permit (IUPR) so that it can function effectively as an instrument for improving community welfare. The research method used is a normative juridical approach, with an analysis of laws and regulations, including Law Number 4 of 2009 concerning Mineral and Coal Mining, amendments to Law Number 3 of 2020 in conjunction with Law Number 2 of 2025, and Government Regulation Number 96 of 2021 in conjunction with Government Regulation Number 25 of 2024. The results of the study indicate that although regulations already regulate the IUPR mechanism, its implementation is hampered by limited capital, overlapping areas, weak oversight, and suboptimal regional government coordination. Therefore, legal reform is needed, including strengthening derivative regulations, simplifying permit procedures, increasing access to financing, and synergy between central and regional governments so that the IUPR is truly able to provide legal certainty, encourage economic equality, and improve community welfare.

Legal Updates to the Disciplinary Sanctions Mechanism for Medical and Health Workers in Article 308 of Law Number 17 of 2023 concerning Health Arthur Daniel Thomas Betlehem; 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.v3i3.622

Law Number 17 of 2023 concerning Health brings significant reforms in the governance of the medical and health professional profession, replacing the previous provisions in Law No. 36 of 2009. One important innovation is the affirmation of the authority of the Professional Disciplinary Council to provide recommendations for sanctions for disciplinary violations, as stipulated in Article 308, which is supported by its implementation through Government Regulation Number 28 of 2024 and Minister of Health Regulation No. 3 of 2025. This provision has broad legal implications because it regulates the mechanism of disciplinary sanctions, restrictions or revocation of practice permits, and their relationship to criminal and civil law enforcement. This study uses a normative legal method with a statutory and conceptual approach, as well as a comparative analysis of disciplinary regulations before and after the 2023 Health Law. The results of the study indicate that this reform provides a stronger, more structured, and accountable legal basis for the Professional Disciplinary Council, but creates the potential for overlapping authority with law enforcement officials and challenges in ensuring the principle of due process for medical and health workers. Therefore, regulatory harmonization, procedural clarity, and transparent appeal mechanisms are crucial to ensure a balance between patient protection, legal certainty, and the rights of health workers.

Updates to the Assembly's Recommendation Mechanism in Article 308 of Law Number 17 of 2023 concerning Health to Prevent Premature Investigations of Medical Personnel Arthur Daniel Thomas Betlehem; 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.v3i3.623

Article 308 of Law Number 17 of 2023 concerning Health regulates the mechanism for recommendations from the panel prior to an investigation into medical personnel or health workers suspected of committing legal violations in the provision of health services. However, in practice, there are legal gaps, including unclear criteria for the panel in issuing recommendations, undefined professional standards, and consequences if the panel neglects or delays its recommendations. This gap has the potential to lead to premature investigations that can be detrimental to medical personnel. This study aims to analyze this legal gap and formulate proposals for reforming the panel's recommendation mechanism to make it clearer, more objective, and more effective in providing legal protection for medical personnel. The research method uses a normative-juridical approach, with an analysis of laws and regulations, legal doctrine, and case studies related to investigations of health workers. The results of this study are expected to form the basis for legal reform that guarantees legal certainty, transparency, and protection for the professional practices of medical personnel in the context of safe and responsible health services.

Utilization of Artificial Intelligence in Cybercrime Investigation Process and Protection of Suspects' Human Rights Chitto Cumbhadrika; 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.v3i3.624

The use of artificial intelligence (AI) in cybercrime investigations presents an opportunity to increase the effectiveness of law enforcement through digital forensic analysis, crime pattern detection, and electronic evidence processing. However, the application of AI also raises legal challenges, particularly regarding the validity of evidence, the principle of chain of custody, and potential violations of suspects' human rights, such as the right to privacy and the right to legal counsel, as guaranteed in Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 8 of 1981 concerning the Criminal Procedure Code, and Law Number 1 of 2023 concerning the Criminal Code. A normative legal analysis shows that current regulations do not specifically regulate the mechanisms for using AI in investigations, thus creating legal uncertainty and the risk of algorithmic bias that could harm suspects. Therefore, legal reforms are needed in the form of developing technical guidelines, AI system audit standards, and specific regulations that balance the effectiveness of law enforcement with the protection of human rights. Harmonizing technology, due process principles, and human rights protection will ensure that the use of AI not only improves investigative capacity but also strengthens legal certainty and the legitimacy of criminal justice processes in the digital era.

Land Certificate Forgery Methods and the Structure of Criminal Networks as well as Legal Reform Efforts to Strengthen Rights Certainty and Law Enforcement Yono; Azis Budianto
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.v3i3.630

Land certificate forgery is a land crime that undermines the legal certainty of land rights and causes significant economic losses. This crime is typically committed through a structured network involving initiators, administrative operators, legal facilitators, and receivers of the proceeds of crime, making law enforcement complex. In terms of regulations, Law No. 5 of 1960 concerning Basic Agrarian Regulations (UUPA) only provides the material basis for land rights without specifically stipulating criminal penalties for misuse of land administration. Government Regulation No. 24 of 1997 concerning Land Registration regulates administrative procedures, but internal loopholes such as manipulation of registration data and the involvement of certain officials open up opportunities for the issuance of fake certificates that appear formally legitimate. Articles 263–276 of the Criminal Code (KUHP) criminalize document forgery, but these are general in nature, making it difficult to address internal administrative manipulation and collusion by land officials. The practice of certificate forgery through fake deeds or manipulation of the registration system demonstrates weak oversight and accountability mechanisms. This research underscores the need for legal reforms that criminalize abuse of land administration authority, strengthen the accountability of Land Deed Officials (PPAT) and notaries, and digitize electronic signature-based registration systems and audit trails. This approach is expected to close loopholes for criminal networks to collude, strengthen law enforcement, and increase the certainty of land rights for the community.

Malpractice Law Update on Radiologists' Liability in Cases of Diagnostic Errors and Standards of Practice Yuki Mulyani; Azis Budianto
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.v3i3.631

The development of modern medicine places radiology as a crucial pillar in the diagnostic process, but on the other hand, it opens up the potential for misdiagnosis with legal implications. Radiologists have a professional responsibility to establish accurate diagnoses based on medical practice standards. However, negligence or deviations can lead to malpractice issues. Legal reforms in Law Number 17 of 2023 concerning Health bring significant changes to the concept of responsibility for medical personnel, including radiologists, by more firmly regulating criminal, civil, administrative, and disciplinary liability mechanisms. Furthermore, technical regulations such as Minister of Health Regulation Number 24 of 2020 concerning Clinical Radiology Services, as well as regulations of the Indonesian Medical Council and the Nuclear Energy Regulatory Agency (BAPETEN) regarding radiation safety, provide a comprehensive normative foundation for professional standards and patient safety. This study uses a normative-juridical method with a statutory regulatory approach and analysis of jurisprudential cases to examine the extent to which legal reforms provide certainty and protection for both patients and medical personnel. The study's findings indicate that despite increasingly clear legal frameworks, there remains overlap in the application of criminal and administrative sanctions, as well as challenges in distinguishing inherent medical risks from criminally punishable negligence. Therefore, regulatory harmonization, strengthening of radiology practice standards, and a fair and balanced medical dispute resolution mechanism are needed.

Legal Analysis of Venture Capital Financing Agreements in Indonesia: A Case Study of PT Bahana Artha Ventura Kharisma Jomenta Surbakti; 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.v3i3.632

Venture capital has been promoted in Indonesia since Keppres No. 61/1988 and KMK No. 1251/KMK.013/1988 to expand financing access for SMEs, yet the contractual balance between venture capital companies (PMV) and partner companies (PPU) often remains contested under KUHPerdata principles. This article examines (i) the allocation of rights and obligations in venture capital financing agreements, (ii) the positive law framework governing venture capital (KUHPerdata, UU 40/2007 on PT, Keppres 61/1988, KMK 1251/1988), and (iii) the effectiveness of legal protection for both parties. A normative juridical (doctrinal) approach with descriptive-analytical method is employed, complemented by a case study of PT Bahana Artha Ventura (BAV) to illustrate contractual practice (profit-sharing scheme, supervision rights, collateral, insurance, exit/divestment). The agreement structure reflects freedom of contract (Pasal 1338 KUHPerdata) but tends to be standardized by PMV, granting strong safeguards (collateral, monitoring rights, default remedies) while PPU bears bank-like burdens (periodic installments, asset security). Although the framework legitimizes venture capital and encourages managerial assistance, contractual weight often tilts toward PMV, potentially diluting the risk-sharing essence. Indonesia’s legal framework adequately recognizes venture capital; however, to better align with risk-sharing objectives and protect weaker counterparties, standard-setting for core clauses (fair supervision costs, proportional profit-sharing, conditional collateral, restructuring options) and supervisory guidance are recommended to achieve more equitable partnerships.

The Application of Ne Bis In Idem in Tax Disputes at the Tax Court in Indonesia Juwari Eddy Winarto; 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.v3i3.633

The principle of ne bis in idem prohibits a person from being tried or punished twice for the same case or act. This principle plays a pivotal role in safeguarding legal certainty and justice, and is accordingly recognized across multiple branches of law in Indonesia. Repeatedly filing disputes involving the same parties and the same object—directed at the same opposing party—poses serious issues for legal certainty and fairness (Hafiez, 2021). Law Number 14 of 2002 on the Tax Court does not explicitly codify ne bis in idem, prompting the question of whether it may be applied to resolve tax disputes before the Tax Court. This article presents a normative juridical analysis of the implementation of ne bis in idem in resolving tax disputes in Indonesia’s Tax Court. The study has three main objectives: (1) to identify the legal basis for applying ne bis in idem; (2) to explain how it is practiced within Indonesia’s judicial system; and (3) to evaluate its strengths and limitations in terms of justice, legal certainty, and utility. The proposed solution is to apply ne bis in idem to tax disputes that truly involve identical parties and objects and have reached permanent legal force, even where the legal grounds (posita) differ.

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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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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