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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

36 37 38 39 40

Disharmony of Good Faith and Legal Formalism in Land Sale Contracts: Analysis of East Jakarta Court Decision Manda Berinandus; 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.v3i3.634

The principle of good faith serves as a cornerstone of contract law, ensuring that every agreement is established and executed with honesty, fairness, and integrity. However, in the realm of land sale contracts, the rigid application of legal formalism often obscures substantive justice, allowing transactions performed in bad faith to retain formal validity. This study examines the judicial interpretation of good faith in contrast to formal legality through an in-depth analysis of the East Jakarta District Court Decision No. 575/Pdt.G/2023/PN Jkt.Tim. Using a qualitative normative juridical approach that combines statutory interpretation, conceptual reasoning, and case analysis, this research reveals that the buyer’s deceptive conduct including the use of unfunded giro checks and simulated contracts reflects an abuse of formal legality and the absence of genuine intent. The court’s reasoning reaffirms that good faith functions not merely as a moral virtue but as a corrective legal doctrine that limits the excesses of procedural rigidity. This approach signifies a doctrinal shift from law in books to law in action, emphasizing that legal certainty must coexist with ethical responsibility. Beyond its theoretical contribution, the study underscores the imperative for notaries and land officials to uphold both administrative legality and moral integrity. Accordingly, this research contributes to the reconstruction of Indonesian civil law by positioning good faith as the ethical and corrective foundation for achieving balance between legal certainty and substantive justice.

Appropriate Mediation Mechanism in the Resolution of Copyright Infringements to Achieve Restorative Justice Dyah Nur Sasanti; 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.v3i3.635

Copyright creates economic benefits for creators and/or copyrights holders. The digital era provides opportunities for creations to become more famous through available platforms, which then open up monetization opportunities. However, it also leads to a vulnerability to violations, such as the uploading of movies or songs without the permission of the creator and/or copyright holder, which can be enjoyed by anyone without royalties. The draft of Indonesian Criminal Procedure Code, which is planned to be enforced soon, essentially prioritizes the resolution of criminal acts through the application of restorative justice. Indonesian Copyright Law places criminal punishment for copyright infringement that does not constitute piracy as a final attempt (ultimum remedium) by requiring mediation before criminal prosecution if the parties are known to exist and/or are located in Indonesia. Unfortunately, mediation does not cover during ongoing criminal prosecution processes, so that restorative justice, especially compensation for losses incurred by creators and/or copyright holders, is difficult to achieve. This article uses a descriptive-analytical normative legal approach supported by secondary data that collected through literature studies, aiming to find the appropriate mediation mechanism to achieve restorative justice, even if a copyright infringement has entered the prosecution stage. This article concludes that mediation as regulated in Indonesian Copyright Law still finds it difficult to achieve restorative justice. Therefore, it is necessary to formulate legislation on appropriate mediation mechanisms for resolving copyright infringements, both before criminal prosecution are filed and during the prosecution process, so that true restorative justice can be achieved.

Legal Protection of Pawn Companies Against Transactions Involving Criminal Collateral: Critical Analysis of East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim Fitri Kharisma; Zudan Arief Fakrullah
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.v3i3.636

This study addresses the critical legal conflict arising when collateral accepted by a bona fide pawn company is later identified as criminal proceeds. The background highlights the inherent clash between the creditor’s preferential right (droit de suite), which aims to secure debt repayment under civil law, and the victim’s absolute right to restitution (revindication) under criminal law enforcement. The purpose is to critically analyze the recent East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim, which ordered the return of the collateral to the victim without providing any compensation to the compliant pawn institution, severely undermining legal certainty. The research utilized a rigorous normative juridical method, employing both case and conceptual approaches to analyze primary legal instruments, including the Civil Code, the Criminal Procedure Code, and the strict CDD/KYC requirements detailed in OJK Regulation No. 8 of 2023. The results indicate that the court’s singular focus on criminal restitution effectively extinguished the pawn company's property rights. The failure to award compensation signifies that objective good faith, even when rigorously evidenced by regulatory compliance, was deemed insufficient to secure financial protection, directly contradicting the doctrine of the valid pledge agreement under Article 1152(4) of the Civil Code. The study concludes that the Supreme Court must issue mandatory guidance (SEMA) to enforce compensation for the principal loan to compliant bona fide creditors prior to collateral restitution, which is necessary for achieving judicial harmonization and strengthening the stability and integrity of the financial services sector.

Reclassification of Excessive Royalties as Disguised Dividends: A Normative Analysis of Secondary Adjustment in Indonesian Tax Law and OECD Standards Bangkit Cahyono; Zudan Arief Fakrullah
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.v3i3.637

Transfer pricing practices in related-party transactions often involve royalty or service payments that deviate from the arm’s length principle, leading to tax base erosion. In Indonesia, Article 18(3) of the Income Tax Law authorizes the tax authority to reallocate profits and to treat the excess portion of such transactions as hidden dividends. This paper aims to analyze the concept of reclassification of excessive royalties into disguised dividends through the framework of primary and secondary adjustments. Using a normative juridical approach, the study examines statutory provisions in the Indonesian Income Tax Law, implementing regulations such as PER-22/PJ/2013, and international guidelines including the OECD Transfer Pricing Guidelines (2017) and OECD Model Convention Commentary on Article 10. The results show that primary adjustments on royalties—when deemed excessive—necessitate secondary adjustments in the form of constructive dividends to align profit allocation with the arm’s length principle. This constructive dividend concept is consistent with international practice where excess profits are recharacterized as disguised dividends, equity contributions, or loans. The findings further demonstrate that Indonesian law explicitly recognizes disguised dividends under Article 4(1) of the Income Tax Law, thereby reinforcing the legitimacy of secondary adjustments as a safeguard against profit shifting. In conclusion, reclassifying excessive royalty payments as hidden dividends not only ensures fairness in taxation but also harmonizes domestic practice with international standards while preventing tax avoidance.

Implementation of Good Corporate Governance as a Risk Management Strategy in Overcoming Corporate Financial Problems Gunawan; Muhammad Zainudin; Naya Amin Zaini
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.v3i3.681

This study discusses the financial problems of the implementation of Good Corporate Governance (GCG) and its impact on risk management and financial stability encountered by companies. The purpose is to analyze how the implementation of GCG can improve the effectiveness of financial risk management and corporate governance, especially in companies listed on the Indonesia Stock Exchange (IDX). The method used in this study is the normative legal method with a statutory and conceptual approach, which examines regulations and legal principles related to GCG. The results indicate that GCG implementation contributes significantly to increasing transparency, accountability, and financial risk control, thereby, helping companies manage financial challenges more effectively and sustainably.

The Influence of Digital Workload, Role Ambiguity, and Digital Skill Gap on Technostress in HR Context among Digital Startup Employees Dominica Dini Afiat; Sonya Sidjabat; Ade Suhara; Susatyo Adhi Pramono; Tanti Widia Nurdiani
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.848

The research investigates how digital workload, role ambiguity and digital skill gap together create technostress for employees who work in human resources at digital startup companies. The research used a quantitative approach which collected data through questionnaires that 120 participants completed after being chosen through purposive sampling. The researchers performed data analysis through multiple linear regression. The research results showed that digital workload combined with role ambiguity and digital skill gap created a direct relationship which produced strong effects on technostress. Digital workload which uses advanced technology increases work pressure while role ambiguity creates role ambiguity which intensifies work stress and digital skill gaps lead to work difficulties because employees cannot adapt to workplace technology. Three variables explain technostress variations through their combined effects which occur at the same time. The research shows organizations how to handle digital workload, define employee roles and develop digital skills to reduce technostress effects.

Reconstruction of Legal Research Methodology: An Epistemological Review of the Prophetic Law Kelik Wardiono; Isman Isman; Arief Budiono; Wardah Yuspin; Dwinuryudha Ken Rifqi
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.855

There is the domination of the normative-dogmatic and juridical-empirical approaches in legal research design that tend to run in a dichotomy as well as the lack of an integration of the rational, contextual, and teleological dimensions in one holistic epistemological framework. There is a need for a methodological reconstruction model to bridge the coherence of the empirical verification and norm system and the orientation for substantive values. This research aims to reconstruct a prophetic legal epistemology-based legal research model through the integration of bayani, burhani, and irfani. Prophetic law is an ancient legal framework rooted in divine commandments, such as God's Ten Commandments to Moses, as well as Christian and Islamic laws, nowadays commonly referred to as religious law. The meaning of prophetic law is religious law from Abrahamic religions especially Islamic Law. This was qualitative research with a philosophical approach, using a content analysis method on methodological concepts to find the prophetic, empirical, and normative legal research model. Research gap in this article show that reconstruction is carried out through the stage of hierarchic harmonization and inventorying of norms, the strengthening of contextual and rational arguments, the usage of empirical examination as a falsification mechanism, as well as the application of intersubjective verification which ends in corroborative legitimacy. Theoretically, this research yields an integrative legal epistemological model that exceeds the normative-empirical dichotomy as well as places the law as an open system that is logically, empirically, and teleologically validated. Practically, this model provides a systematic and reflective design of legal research which orients towards public benefit and substantive justice.

Legal Challenges Related to Campaign Regulations on Social Media in the 2024 Election Muhammad Ngazis; Andri Winjaya Laksana; Hendro Widodo; Arief Budiono
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.856

This study examines the legal challenges surrounding social media campaign regulations in the context of the 2024 General Election, specifically regarding the spread of misinformation (hoaxes), attempts to discredit political opponents through damaging content, and the ambiguity of social media campaign rules. The study employs a normative analysis of prevailing laws and regulations, combined with a descriptive approach to understand the evolution and impact of social media campaign practices. The results show indicate that Law No. 7 of 2017 concerning General Elections and Law No. 19 of 2016 (amending Law No. 11 of 2008) concerning Electronic Information and Transactions serve as the primary legal frameworks governing social media campaigns. However, the normative analysis reveals that these regulations are not yet fully adequate: the Election Law focuses on general campaign regulation without specific technical provisions for digital platforms, while the ITE Law tends to be repressive and reactive—applicable only after problematic content has already circulated—thereby limiting its preventive function. Furthermore, the study identifies overlapping authority among the Election Supervisory Body (Bawaslu), the Ministry of Communication and Informatics (Kominfo), and platform providers regarding the handling of violative campaign content; the absence of clear coordination mechanisms results in slow and inconsistent law enforcement. Ambiguity regarding the boundaries between political criticism, negative campaigning, and hate speech further widens the scope for interpretation and potential abuse. The study concludes that regulatory harmonization and strengthened inter-agency coordination mechanisms are essential to ensure that social media campaign regulations can effectively respond to the dynamics of elections in the digital era.

Reconciliation as Lived Intercultural Praxis: Local Culture as Locus Theologicus and Pedagogical Space in the Kloangdualiat Community Indonesia Petrus Dori; Eligio Ildelfiano De Carvalho; Febronius Meni Subun; Wilfridus Oki; Yohanes Rudin; Yulius Bertin Japa
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.892

This study examines the socio-cultural dynamics of the Kloangdualiat community in Wairbleler Village, Sikka Regency, through the lens of intercultural theology and reconciliation theory. While existing studies predominantly conceptualize reconciliation as a post-conflict mechanism, this research addresses the gap by exploring reconciliation as a continuous and lived process embedded in everyday social life. Using a qualitative case study approach, data were collected through participant observation, in-depth interviews, and document analysis. The findings reveal that social cohesion is sustained through kinship structures, collective memory, and cultural practices such as gotong royong and customary deliberation. At the same time, structural challenges—including migration, economic hardship, and family conflict—generate ongoing tensions that require continuous relational negotiation. This study demonstrates that reconciliation is not merely a mechanism of conflict resolution but a lived intercultural praxis through which relationships are restored, identities are negotiated, and social meaning is constructed. Methodologically, the study contributes by integrating qualitative social analysis with intercultural theological interpretation. The findings further show that local culture functions not only as a locus theologicus where reconciliation is interpreted, but also as a pedagogical space where intercultural competencies are formed. Thus, reconciliation is reframed as a relational, cultural, theological, and educational process rooted in lived experience.

The Political Business of Welfare: Social Assistance, Patronage Networks, and Poverty Management in the 2024 Legislative Election in Kupang Regency Lasarus Jehamat; Liliweri Aloysius; Laurensius P Sayrani; Rudi Rohi; Ernestus Holivil
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i4.903

This study examines the transformation of social assistance into an instrument of electoral politics during the 2024 Legislative Election in Kupang Regency, Indonesia. While previous studies have widely discussed clientelism and vote buying, limited attention has been given to the management of social assistance as a political business at the local level. This research employs a qualitative case study approach through in-depth interviews, document analysis, and field observations involving political actors, bureaucrats, village heads, campaign teams, and aid recipients. Data were analyzed using thematic-critical analysis. The findings reveal that social assistance functions not only as a welfare instrument but also as electoral capital managed through patronage networks, personal funds, legislative initiatives, and bureaucratic intermediaries. Assistance distribution was used to maintain loyalty, political memory, and reciprocal obligations among poor communities. Many recipients perceived aid as a personal favor rather than a social right guaranteed by the state. This study introduces the concept of the political business of welfare to explain how poverty is transformed into an electoral resource through the personalization of social assistance. The study contributes to the literature on welfare politics and electoral clientelism in local democratic contexts.

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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