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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,
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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Patriarchy and Islamic Family Law in Indonesia: A Socio-Legal and Hermeneutical Analysis of Injustice Wahidullah; Mashudi; Muhammad Junaidi
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.v4i4.1103

Abstract

Islamic family law in Indonesia has developed through the interaction of Islamic legal traditions, state regulation, and social practices. Despite legal reforms through Law No. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (KHI) No. 1 of 1991, several legal constructions continue to reflect patriarchal assumptions that may affect the position of women in marriage and family relations. This study employs a normative/doctrinal legal research method supported by literature-based analysis, examining relevant provisions of Indonesian marriage law, the KHI, QS An-Nisa' (4):34, and scholarly literature on Islamic family law, patriarchy, gender equality, and feminist hermeneutics. The analysis applies statutory, conceptual, and feminist hermeneutical approaches to examine the construction of marital roles, qiwāmah, ta'ah and nusyūz, divorce, and marriage guardianship. The study finds that patriarchal assumptions remain visible in several normative constructions and conventional interpretations of Islamic family law, particularly in the positioning of the husband as the head of the family, the asymmetrical construction of divorce rights, and the requirement of male guardianship in marriage. The literature further indicates that such constructions may be reinforced through social and judicial interpretations, although these observations derive from secondary studies rather than original empirical data collected in this research. The study argues that the reconstruction of Islamic family law should not be limited to legislative reform but should also involve contextual reinterpretation of Islamic legal texts through principles of justice, gender equality, mutuality (mubādalah), human dignity, non-harm (lā dharar), and maqāṣid al-syarī'ah. Such an approach provides a normative basis for developing Islamic family law that is more just, humane, and responsive to contemporary social conditions.
From Norm to Nominal: The Effectiveness of a Digital-Based Legal System for Advertisement Tax in Strengthening Sukabumi City's Fiscal Autonomy Atut Wigaty Adman; Agus Rasyid Chandra Wijaya
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.v4i4.1124

Abstract

Regional autonomy demands fiscal independence through the optimization of Local Own-Source Revenue. Advertisement tax plays a strategic role yet remains vulnerable to leakage due to weak regulation and conventional administration. Sukabumi City Regional Regulation Number 2 of 2025 serves as a reform instrument that integrates normative modernization with the digitalization of local tax collection systems based on information technology. This study analyzes the legal effectiveness of Regional Regulation Number 2 of 2025 in optimizing advertisement tax revenue to strengthen the fiscal autonomy of Sukabumi City Government. This study employs a juridical normative-empirical approach with a descriptive-analytical typology. Primary legal materials include Law Number 1 of 2022, Regional Regulation Number 2 of 2025, and the related Mayor Regulations, while secondary materials consist of literature, journals, and policy documents. Field data were collected through interviews and documentation at the Regional Financial and Revenue Management Agency of Sukabumi City. Analysis applied statutory, conceptual, and Lawrence Friedman's legal system theory approaches deductively. The results show that Regional Regulation Number 2 of 2025 broadens the tax base through adjustment of the Advertisement Rental Value and clustering of road zoning. Implementation of the Local Tax Digital Ecosystem (e-Pad) encompassing online self-assessment, cashless payment, and Application Programming Interface integration between BPKPD and DPMPTSP effectively closes administrative leakage gaps. Advertisement tax realization increased from ninety percent to one hundred five percent, significantly strengthening fiscal autonomy.These findings contribute practically to the reform of digital-based local tax governance and serve as empirical reference for other Indonesian regional governments formulating fiscal policy. Theoretically, this study reinforces the relevance of Friedman's legal system theory in explaining tax administration transformation in the digital era.This study offers novelty by positioning inter-agency Application Programming Interface system integration as a new indicator of legal effectiveness in local tax optimization following the HKPD Law. Prior studies generally focused on either normative or empirical aspects, whereas this study synthesizes both through legal system theory in the context of local tax digitalization.
Measuring the Urgency of Notarial Deeds in Ensuring Legal Certainty of Investment Contracts in Papua: Between Normativity and Practical Reality Herniati Herniati; Sri Iin Hartini; Liani Sari; Kajagi Kalman
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.v4i4.1138

Abstract

This article examines the importance of notarial deeds in ensuring legal certainty for investment contracts in Papua, a region with special legal status under the Special Autonomy Law and a strategic national investment destination. Investment in Papua faces multiple challenges, ranging from limited legal infrastructure, a shortage of notaries in remote areas, to potential conflicts between national law and local customary law. Using normative legal research with statutory, conceptual, and case approaches and a descriptive-prescriptive analysis, this article examines the position of notarial deeds within the Indonesian contract law framework and identifies the gap between the normative nature of the rules and the reality of practice on the ground. The results indicate that a notarial deed is legally mandatory only for certain investment-related legal acts, such as the establishment of a limited liability company and the creation of fiduciary security, whereas for other investment contracts its importance lies in its perfect and binding evidentiary force. In both capacities, notarial deeds hold a vital position as an instrument of legal certainty, but their implementation in Papua still faces significant structural obstacles, particularly the uneven distribution of notaries (only four active notaries serve the entire province of Highland Papua), the absence of technical guidance on verifying customary law communities and their representatives, and the lack of fully adaptive regional regulatory readiness. Based on these findings, this article recommends a regionally based notary formation and placement policy, technical guidelines for verifying the legal standing and representation of customary law communities in notarial practice, and continuing training for notaries serving in Papua, in order to achieve equitable legal certainty in Papua.
Restrictions on Land Registration Services in the IKN Region: A Juridical Review of the Protection of Citizens' Constitutional Rights Irfan Rizky Hutomo; Nurlaeli Nurlaeli; Mohamad Tohari; Wieke Dewi Suryandari; Lilik Warsito
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.v4i4.1168

Abstract

This study examines the legal implications of land registration service restrictions imposed in the Nusantara Capital City (IKN) region, with a particular focus on the protection of citizens’ constitutional rights as guaranteed under the 1945 Constitution of the Republic of Indonesia. The moratorium on land registration services in the IKN area, enacted through various government regulations and ministerial decrees, has created legal uncertainty for local communities who have long occupied and cultivated land in the region. This research employs a normative juridical method with a statutory approach, conceptual approach, and comparative approach, analyzing primary and secondary legal materials. The findings reveal that the service restrictions create a tension between state authority over land development for the national capital and the constitutional rights of citizens to legal certainty, property rights, and equal treatment before the law. The study concludes that while the government holds legitimate authority to regulate land in the IKN area, the blanket restriction on registration services without adequate legal remedies for affected citizens constitutes a potential violation of constitutional rights. Recommendations are made for a balanced regulatory framework that accommodates both national development interests and the protection of individual constitutional rights.
Electronic Land Registration and Document Forgery: A Socio-Legal Analysis of Criminal Liability Under Indonesia's Omnibus Law Lilik Warsito; Irfan Rizky Hutomo; Nurlaeli Nurlaeli; Herwin Sulistyowati; Muhammad Sutan Jandy
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.v4i4.1192

Abstract

This study examines the socio-legal dimensions of criminal liability arising from document forgery within Indonesia's electronic land registration system, as reshaped by the Omnibus Law on Job Creation (Law No. 11 of 2020, as amended by Law No. 6 of 2023) and Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 1 of 2021 on Electronic Certificates. The transition from paper-based to electronic land registration was intended to enhance efficiency, transparency, and legal certainty; however, digitalization has simultaneously generated new typologies of forgery, including manipulated scanned files, falsified digital signatures, and duplicated electronic certificates. This research employs a socio-legal method combining normative analysis of statutory provisions with an empirical review of enforcement practice and institutional case handling. The findings indicate that although the Criminal Code and sectoral regulations criminalize forgery of authentic land documents, criminal liability remains fragmented across three tiers-individual perpetrators, notaries/PPAT, and platform or institutional operators-producing overlapping jurisdiction and inconsistent enforcement. Technical vulnerabilities at the verification stage have not yet been matched by corresponding criminal law adaptations. The article recommends harmonizing sectoral and general criminal provisions, strengthening digital forensic capacity within law enforcement, and establishing clearer corporate criminal liability standards for land registration platform operators.
Digital Constitutionalism and the Protection of Citizens’ Rights in Indonesia’s Democratic Era Syamsul Jahidin; Lili Andriani; Heru Cahyono
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.v4i4.1215

Abstract

Rapid digital transformation has reshaped democratic governance and created new constitutional challenges concerning the protection of citizens' rights in Indonesia. Existing studies generally discuss personal data protection, freedom of expression, or digital governance separately, while limited research integrates these issues within the framework of digital constitutionalism. This study aims to examine the role of digital constitutionalism in protecting citizens' constitutional rights, evaluate Indonesia's legal framework, and propose recommendations for strengthening constitutional governance in the digital era. The research employs a qualitative doctrinal legal method complemented by a socio-legal approach using constitutional, statutory, comparative, and case study approaches. Data were collected through documentary and library research and analyzed using normative legal and thematic qualitative analysis. The findings reveal that Indonesia has established an important constitutional and legal foundation through constitutional guarantees, personal data protection legislation, judicial oversight, and digital governance policies. However, fragmented regulations, inconsistent implementation, limited institutional capacity, and the absence of comprehensive governance for emerging technologies continue to weaken constitutional protection. The novelty of this study lies in proposing Digital Constitutionalism as an integrated constitutional framework for regulating both state institutions and private digital platforms while strengthening democratic governance and protecting citizens' rights.
Analysis of Venture Capital Financing Contracts Between PMVS And MSME Partner Companies in Indonesia Dian Eka Pusvita Azis; Salle Salle; Andi Sri Rezky Wulandari
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.v4i4.1292

Abstract

Venture capital is a risk-based financing scheme combining equity participation with proportional risk and profit sharing between venture capital companies (PMVs) and partner companies (PPUs). Literature and practice, however, show a shift in venture capital's character toward instruments resembling debt-based financing, emphasising material collateral and fixed repayment terms. This article analyses the implementation of the profit-sharing principle in PMV–PPU financing agreements from the perspectives of contract law, Financial Services Authority regulations, the doctrine of freedom of contract, and MSME protection. The research uses a normative juridical method, examining the Civil Code, financing-institution and venture-capital regulations, and relevant decisions and doctrines, supplemented by Islamic economic literature on profit-and-loss sharing. Analysis shows that the profit-sharing principle conceptually requires sharing risks and profits consistent with equity participation. However, material collateral and fixed instalment obligations in some contract designs alter the creditor-debtor relationship and obscure the nature of risk. This article recommends reconstructing contract design and affirming limits on collateral use in venture capital financing to harmonise freedom of contract, venture capital's character, and PPU protection as an MSME actor.
Recalibrating Police-Public Relations in the Digital Disruption Era: Building Public Trust Amid Disinformation Threats Siti Farhani; Muhammad Ridwan Fachri; Aris Machmud; Arina Novizas Shebubakar; Fitriah Faisal
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.v4i4.1334

Abstract

Disinformation and digital manipulation have eroded public trust in institutions, including the police. In an era in which information can be rapidly manipulated and disseminated, police-public relations face novel challenges that require fundamental recalibration. This qualitative study examines police public-relations policy documents, selected case studies of police responses to disinformation incidents, and academic literature on public trust and policing published between 2021 and 2026. The data were analyzed through thematic and content analysis using trust-building theory and Situational Crisis Communication Theory (SCCT) as analytical frameworks. The analysis focuses on the characteristics of police communication, digital community engagement, and counter-disinformation mechanisms, with attention to transparency, procedural justice, institutional legitimacy, and public trust. The findings indicate that recalibrating police-public relations requires transformation in three interrelated domains: (1) proactive and transparent public communication strategies, (2) the use of digital platforms for direct and dialogic community engagement, and (3) credible and adaptive counter-disinformation mechanisms. The study further demonstrates that technological adoption alone is insufficient to establish sustainable public trust; police institutions must also provide transparent information, acknowledge errors where appropriate, create opportunities for public participation, and develop anticipatory responses to disinformation. Ultimately, recalibrating police-public relations in the digital era requires a shift from predominantly one-way communication toward sustained dialogic engagement, with transparency, accountability, and procedural fairness serving as foundations of institutional legitimacy and public trust.
The Boundaries of Corporate and Management Liability Under Indonesian Criminal and Company Law Pangeran Maulana Kamal; R. Pandji Amiarsa
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.v4i4.1336

Abstract

This study examines the boundaries between corporate liability and management liability under Indonesian law by placing Law Number 1 of 2023 on the Criminal Code (KUHP), as adjusted by Law Number 1 of 2026 on Criminal Adjustment, and Law Number 40 of 2007 on Limited Liability Companies (Company Law) at the centre of the analysis. The research problem arises from two distinct logics of attribution: criminal law determines when conduct by individuals may be attributed to a corporation and when individuals may bear personal criminal liability, whereas company law is structured around separate legal personality, limited liability, fiduciary duties, the business judgment rule, and the exceptional doctrine of piercing the corporate veil. This study employs normative or doctrinal legal research using statutory, conceptual, and case approaches. The case study focuses on Central Jakarta Corruption Court Decision Number 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst concerning PT Nusa Konstruksi Enjiniring, which is used as a doctrinal stress test for analysing the interaction between corporate attribution and individual culpability under the post-2026 framework. The study finds that the amendment to Article 49 of the Criminal Code clarifies the position of corporations as subjects of liability for corporate offences while maintaining the possibility of liability for functionally positioned managers, persons giving orders, controlling persons, and beneficial owners where the statutory elements of the offence and individual culpability are established. Corporate liability and individual criminal liability require separate but potentially overlapping analyses, allowing for corporate liability, individual liability, cumulative liability, or no criminal liability depending on the applicable legal requirements and evidentiary basis. The Company Law does not displace criminal liability; Article 155 expressly preserves the operation of criminal law. This article proposes a four-stage attribution framework comprising organizational nexus, corporate fault, personal culpability, and governance/company-law review. The model is intended to prevent two opposite errors: allowing the corporate form to become a shield for impunity and imposing automatic director liability merely on the basis of formal office.
Downstream Contracts and the Protection of National Interests: A Legal Analysis in Indonesia's Industrialization Era Agus Salim; Agung Arafat Saputra; Iman Imanuddin
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.v4i4.1358

Abstract

Policy of downstreaming of mining commodities in Indonesia constitutes an important foundation of national industrialization process under Article 33 paragraph (3) of the Constitution of 1945. The policy faces legal conflicts in its implementation due to the existence of the conventional form of commercial contracts based on private liberal laws. The purpose of the normative legal research is to examine the structure of downstreaming contracts and propose a legal model for the reformation of the terms of contracts to protect the national interest in an optimal manner. Statutory and conceptual analysis reveals that the existing terms of downstreaming contracts are still under the shade of the absolute foreign investment protection policy with the help of freeze and ISDS clauses. Strategic commitments like technology transfer, labor absorption in the local population, and environmental assurances become bound in flexible best-effort formulations owing to the inequity in negotiating powers and unsynchronized domestic regulations of various sectors. It is for this reason that this research strongly suggests a complete overhaul of the law involving the inclusion of public law instruments in contracts which are established on lawful reasons (Article 1320 of the Civil Code). This contract should be designed with adaptive provisions, restriction of international arbitration jurisdiction through graduated dispute resolution, and strict liability provisions such as TKDN, milestone technology transfer, environmental guarantees, and majority share divestment.

Page 40 of 44 | Total Record : 434

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