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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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Strategies for Identifying Research Gaps and Novelty in Doctoral-Level Legal Research Kms Herman; Asep Guntur Rahayu; M Irwan Susanto; Yono Yono; Muh Rustiawan Ardiansyah
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.v4i4.1040

Abstract

Doctoral-level legal research demands clear scientific contributions through the identification of research gaps and the formulation of novelties. However, in practice, methodological weaknesses are still found, such as research gaps that are formulated in general, non-explicit terms, and novelties that are not connected to research gaps. This study aims to analyze the concepts of research gaps and novelties, identify methodological problems in legal research, and formulate a systematic strategy for finding research gaps and generating novelties. This research is a normative legal study with a conceptual and comparative approach, using secondary legal materials in the form of books and scientific journal articles. The analysis was conducted qualitatively with an argumentative approach. The results show that research gap identification is often not carried out systematically and is not supported by critical analysis. Furthermore, novelties tend to be declarative and not integrated with research gaps. This study offers a strategic model that includes issue identification, literature mapping, gap analysis, and the formulation of novelties as a direct response to research gaps. This study confirms that the quality of legal research is largely determined by the ability to formulate research gaps and novelties systematically.
Reconstruction of Agreement Arrangements for Subcontractors in the Implementation of Key Handovers (Turn Key Project) Based on Justice Values Arief Wardhana; Hernawati RAS; Yeti Kurniati
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.v4i4.1070

Abstract

This study aims to examine: First, How is the legal protection for subcontractors in the implementation of Turn Key contracts if the main contractor does not fulfill its obligations Second, How is the work risk between the main contractor and the subcontractor in the implementation of Turn Key contracts from the perspective of national agreement law if problems occur. Turnkey contracts are a payment method that is made at once after the project is completed. The turn key contract payment method basically places the risk on the contractor. What is meant by risk here is all forms of risk that may occur after the construction work contract is signed, namely; risks before the work is carried out (preparation period for work implementation), risks during the work implementation, and risks after the work is completed but has not been handed over to the work owner. Therefore, it is appropriate and proper for the contractor to receive adequate legal protection, especially in terms of his right to receive payment as it should be. This study uses a mixed method of normative juridical and socio-legal approaches with descriptive analytical research specifications, as well as qualitative normative data analysis methods. Based on the research results, the following conclusions can be drawn: First, legal protection for subcontractors in the implementation of Turn Key contracts if the main contractor does not fulfill its obligations is very important because subcontractors are often in a vulnerable position. Subcontractors not only depend on payments from the main contractor to cover their operational costs, but must also ensure that their work meets the standards set out in the contract. Second, to reduce the risk of legal disputes and ensure effective resolution, the main contractor and subcontractor must draft a contract that includes a clear dispute resolution clause. The existence of a structured dispute resolution mechanism, the parties can more easily resolve disputes and continue the project with minimal disruption.
Pseudo Synchronization or Substantive Harmonization? Reconstructing the Legal Design of Asta Cita's Manifestation in Sukabumi City's RPJMD 2025–2029 Ardi Wantoro; 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.v4i4.1096

Abstract

Indonesia's vertical planning system requires Regional Medium-Term Development Plans (RPJMD) to embody national strategic visions. The 2024–2029 Asta Cita doctrine, formalized through Presidential Regulation 12/2025, binds subnational governments to alignment. Yet fiscal constraints, sectoral fragmentation, and abstract harmonization parameters threaten substantive realization of national priorities at city level. This study examines the legal architecture, substantive embodiment, and structural impediments shaping the integration of Asta Cita into Sukabumi City's RPJMD 2025–2029. This research employs a normative-empirical legal method combining statute, conceptual, and case-study approaches. Primary legal materials include Law 25/2004 on the National Development Planning System, Law 23/2014 on Regional Government, Presidential Regulation 12/2025 concerning the 2025–2029 RPJMN, and Sukabumi City Regional Regulation 5/2025 on the RPJMD. Analysis proceeds through grammatical, systematic, and teleological interpretation, supplemented by vertical-horizontal harmonization mapping anchored in Legal Harmonization, Multi-Level Governance, and Policy Translation theories. Sukabumi's RPJMD demonstrates high formal compliance, absorbing all eight Asta Cita pillars into five missions, forty-five priority programs, and fourteen local flagship programs adapted to its non-maritime tertiary economy. Nevertheless, four structural impediments persist: vertical authority disharmony, regulatory time-lag from delayed central rules, sectoral institutional fragmentation evidenced by declining SAKIP scores from 79.54 to 76.36, sectoral data inconsistency, and extreme fiscal weakness where operational expenditure dominates the regional budget. This study proposes a triadic legal-design intervention comprising an Omnibus Planning Clause enabling Perkada-based adaptation to central updates, revitalized gubernatorial supervisory authority anchoring intergovernmental coordination forums, and impact-oriented Translational Key Performance Indicators replacing literal nomenclature matching across all vertical planning documents nationwide. While prior scholarship analyzes vertical planning synchronization at provincial level or formal authority distribution, this study pioneers a city-level juridical examination of Asta Cita's substantive translation, integrates three theoretical lenses, and operationalizes a novel Translational KPI framework as concrete legal-design instrument for resolving paper-compliance pathology in subnational planning.
Substantive Reconstruction of the “Fiduciary Grantor” Element: Unraveling the Disparity Between Acquittal and Conviction in the Normative Conflict Between Article 372 of the Indonesian Penal Code and Article 36 of the Fiduciary Security Law (A Case Study of Supreme Court Decision Number 2319 K/Pid.Sus/2024) Yusep Sunandar; Haidan Angga Kusumah
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.v4i4.1099

Abstract

Criminal prosecution involving fiduciary security objects in Indonesia frequently encounters a normative conflict between Article 372 of the Indonesian Penal Code as lex generalis and Article 36 of Law Number 42 of 1999 as lex specialis. The ambiguity surrounding the “Fiduciary Grantor” element generates interpretive disparities across courts that directly erode legal certainty. This study aims to analyze the normative conflict between both provisions and to evaluate the Supreme Court’s application of evidentiary law in Decision Number 2319 K/Pid.Sus/2024. This research employs a normative juridical method using four complementary approaches: statute, conceptual, case, and internal jurisprudential comparison. Primary legal materials include the Indonesian Penal Code, Criminal Procedure Code, Law Number 42 of 1999 on Fiduciary Security, Sukabumi District Court Decision Number 130/Pid.Sus/2023/PN Skb, and Supreme Court Decision Number 2319 K/Pid.Sus/2024. The analysis proceeds qualitatively and prescriptively through inventory, interpretation, normative conflict analysis, ratio decidendi evaluation, and recommendation formulation. The study finds that Article 36 of the Fiduciary Security Law functions as lex specialis to Article 372 of the Indonesian Penal Code across three dimensions: subject, object, and modus operandi. The disparity between Sukabumi District Court’s acquittal and the Supreme Court’s reversal stems from formalistic-literal versus substantive-functional interpretation of “Fiduciary Grantor,” ambiguity in Article 1 paragraph 5, and an absence of authoritative technical evidentiary guidelines from the Supreme Court. The study recommends issuance of a Supreme Court Circular Letter or Regulation as a technical guideline covering substantive interpretation of “Fiduciary Grantor,” affirmation of the lex specialis principle, and the evidentiary standard for mens rea. Limited revision of Article 1 paragraph 5 is also proposed. This study integrates lex specialis normative-conflict analysis with the evaluation of judicial disparity through the triadic framework of legal certainty offered by Radbruch, Fuller, and Otto. The approach moves beyond prior research that examined single elements in isolation and positions Supreme Court Decision Number 2319 K/Pid.Sus/2024 as a landmark Indonesian fiduciary evidentiary precedent.
Regulating Interfaith Marriage in Indonesia: A Religious Legal Pluralism Approach to Legal Certainty and Constitutional Justice Fera Sari; Firman Muntaqo; K.N. Sofyan Hasanah
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.v4i4.1101

Abstract

Interfaith marriage remains one of the most controversial issues in Indonesian marriage law due to the unresolved interaction between state law, religious law, and constitutional guarantees of religious freedom. Although various statutes, judicial decisions, and administrative regulations govern marriage, they provide inconsistent legal standards regarding the validity and registration of interfaith marriages, creating a persistent legal gap and legal uncertainty. This study aims to examine the regulation of interfaith marriage through the perspective of religious legal pluralism and to formulate a regulatory model capable of reconciling Indonesia's plural legal order. Using a normative-empirical legal research design, this study analyses legislation, judicial decisions, religious doctrines, and qualitative interviews with six religious leaders representing Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism. The findings reveal divergent religious positions, with Islam, Protestantism, and Hinduism generally prohibiting interfaith marriage, Catholicism allowing limited dispensations, and Buddhism and Confucianism adopting more accommodative approaches. Based on these findings, the study proposes a religious legal pluralism model that integrates the authority of religious institutions with state administrative procedures, thereby providing a more coherent mechanism for determining the validity and civil registration of interfaith marriages while balancing legal certainty, constitutional rights, and respect for religious diversity. The empirical findings, however, are limited by the small number of informants and the single-regional scope of the interviews, suggesting the need for broader comparative research. This article contributes to the reform of Indonesian marriage law by offering a constitutionally grounded and institutionally coherent framework for regulating interfaith marriage within Indonesia's multicultural legal system.
The Impact of Green Manufacturing on Operational and Environmental Performance in Pharmaceutical Industries Muhammad Saeful Miftah; Eko Ruddy Cahyadi; Heti Mulyati
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.v4i4.1102

Abstract

The pharmaceutical industry in Indonesia has experienced significant growth in the post-pandemic period. However, this growth has also increased the generation of hazardous and toxic waste, creating environmental management challenges. This study examines the effect of green manufacturing on operational and environmental performance in pharmaceutical companies in the Jabodetabek region, with firm size as a moderating variable. A quantitative approach was employed using Partial Least Squares Structural Equation Modeling (PLS-SEM) with SmartPLS 4. Data were collected from 100 managers, supervisors, and senior staff with at least three years of work experience. The results show that green manufacturing positively and significantly affects operational performance and environmental performance. Operational performance also has a significant positive effect on environmental performance. Firm size significantly moderates the relationship between green manufacturing and operational performance but does not moderate the relationship between green manufacturing and environmental performance. These findings highlight the importance of green manufacturing in improving operational efficiency and environmental sustainability in the pharmaceutical industry.
A Criminal Law Study of Immoral Content on Social Media from a Forensic Linguistics Perspective Sri Waljinah; Romadhoni Nova Karisma; Marwa Nabila; Alifa Laili Faiza Cahyani; Zahy Riswahyudha Ariyanto
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.v4i4.1104

Abstract

This research is motivated by the increasing dissemination of immoral content on social media, which has not been fully addressed by existing criminal law provisions. It aims to examine the legal aspects of immoral content on social media from a forensic linguistic perspective. This study employs a normative juridical approach with a legal case method, supported by primary data in the form of randomly selected immoral content collected from social media through accidental sampling. Data were gathered using documentation, observation, note-taking, and literature study, while validity was ensured through triangulation. The data were analyzed qualitatively using interactive analysis and deductive legal interpretation by examining the linguistic characteristics of the content against applicable Indonesian criminal law provisions. The findings indicate that criminal law can be applied to immoral content on social media through forensic linguistic analysis of both explicit and implicit textual elements to determine whether the required elements of a criminal offense are fulfilled. Furthermore, forensic linguistics provides a systematic approach for identifying linguistic evidence that can support the legal assessment and evidentiary process in criminal cases involving the dissemination of immoral content on social media.
Evaluating the Role of Law Enforcement in Addressing Violence in Educational Institutions Samsul Huda; Raden Muhammad Mukhlasin; Putri Indah Safira; Femmy Asdiana
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.v4i4.1126

Abstract

The study that follows looks at the relationship between the level of violence in society and law enforcement. A high positive link between increasing law enforcement and reported violence was found using regression analysis, as indicated by the 0.768 coefficient. These results do point to a positive association and, in that sense, offer some support for the idea that violence and law enforcement are related. However, care must be taken while making any inferences. Then, rather than a true increase in incidents, the spike in violence would be the result of better reporting and visibility. Additionally, our research revealed that neither variable is normally distributed, highlighting the importance of using strong statistics to guarantee reliable inference. To further explore the subtleties of this link, more study is needed on contextual factors, such as social and economic circumstances, education, and violence prevention initiatives. By advocating for an integrated approach that incorporates larger societal circumstances as a crucial component of efforts to decrease violence and improve civic safety, this study adds to the conversation surrounding the creation of policies in law enforcement.
The 2026 Election Bill as an Arena for Oligarchic Cartel Adaptation: Constitutional Court Decisions and Meaningful Participation in Contemporary Indonesia Boni Hargens
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.v4i4.1158

Abstract

This article examines Indonesia's 2026 Election Bill as an arena of oligarchic cartel adaptation within the country's electoral democracy. Building on prior research concerning oligarchic cartelization in the legislative process of the 2017 Election Law, it situates the analysis in the current context of Constitutional Court decisions, meaningful participation, and the regulatory agenda for the 2029 elections. Using a socio-legal approach and a conceptual-policy analysis design, the article examines five mechanisms of oligarchic cartel adaptation: legislative agenda control, the conversion of Constitutional Court decisions into new legal norms, the formalistic absorption of public participation, threshold redesign, and financial opacity. The article argues that electoral law reform should not be understood merely as a technocratic agenda, but as a contested field between democratic participation and oligarchic wealth. Constitutional Court decisions and meaningful participation may open opportunities for democratic correction. However, such opportunities can be neutralized when the legislative process remains controlled by actors who benefit from electoral rules. The article contributes by operationalizing the concept of oligarchic cartel adaptation as an evaluative framework for the 2026 Election Bill.
Reconfiguring the Principle of Legality in Indonesia’s New Criminal Code: Between Legal Certainty and Living Law Eneng Raima Kordelina Saputri; Padilah Padilah; Dewi Anggraeni
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.v4i4.1173

Abstract

The enactment of Law No. 1 of 2023 on the Indonesian Criminal Code reconfigures the principle of legality by retaining formal legality while recognizing living law as a potential basis for criminal liability. This development raises a fundamental question concerning whether the recognition of unwritten customary norms strengthens substantive justice or undermines legal certainty and protection against arbitrary punishment. This study examines the transformation of the principle of legality from Law No. 1 of 1946 to Law No. 1 of 2023 and evaluates the compatibility of living law with the requirements of lex scripta, lex praevia, lex certa, and lex stricta. The research employs a normative legal method using statutory, conceptual, historical, and internal comparative approaches. Legal materials are analyzed through grammatical, systematic, historical, teleological, and conceptual interpretation. The study finds that Article 1 of Law No. 1 of 2023 maintains the requirement of prior legal regulation and expressly prohibits the use of analogy in determining criminal offences. The non-retroactivity principle also remains applicable, subject to the lex mitior rule when subsequent legal changes are more favorable to the offender. However, Article 2 recognizes living law within society, thereby extending the sources of criminal law beyond written legislation. This construction may accommodate legal pluralism and substantive justice, but it also creates risks relating to accessibility, foreseeability, consistency, and human rights protection. The article contributes to the legality debate by arguing that living law may only be applied through strict normative safeguards, clear evidentiary standards, territorial limitations, and consistent compliance with constitutional principles, human rights, and the prohibition of analogy.

Page 42 of 44 | Total Record : 434

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