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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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Legal Reconstruction Methodology and New Theory Development in Legal Dissertations KMS Herman; Rusdi Rusdi; Nurhadi Yuwono; Agusra Yendri; Yovid Yovid
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.v4i4.1195

Abstract

This research is motivated by the continued dominance of legal research at the doctoral level, which is oriented towards a normative-descriptive approach and thus fails to produce scientific contributions such as legal reconstruction or the development of new legal theories. This condition causes many dissertations to focus only on the inventory and interpretation of legal norms without offering conceptual updates that have novelty value. This research aims to analyze the concept and nature of legal reconstruction, examine appropriate methods in developing new legal theories, and formulate a systematic methodological model of legal reconstruction to produce theoretical contributions to doctoral research in legal science. The research employs a normative legal research method, using a statutory and conceptual approach. The legal materials, comprising primary, secondary, and tertiary sources, are collected through literature review and examined qualitatively using argumentative and deductive analytical methods grounded in legal reasoning. The results of the study indicate that legal reconstruction is a scientific process that is not only oriented towards changing norms, but also rebuilding concepts, paradigms, and legal theories based on a critical analysis of the weaknesses of the existing legal system. The development of a new legal theory requires systematic steps, including identification of legal issues, analysis of norms and theories, critical evaluation, conceptual synthesis, theory formulation, and scientific validation. This research proposes a methodological model for legal reconstruction that integrates normative, conceptual, philosophical, comparative, and legal reasoning approaches as a scientific framework for generating novelty and theoretical contributions. This model is expected to serve as a guideline for doctoral research, resulting in innovative, high-quality dissertations that contribute to the development of legal science and the national legal system.
Reconstruction of Protective Clauses in Auction Minutes to Strengthen Legal Protection for Winners in Auctions of Receivables Secured by Mortgage Rights Iwan Supriyanto; Ummi Maskanah
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.v4i4.1198

Abstract

This study analyzes the legal position and evidentiary scope of Auction Minutes in auctions of receivables secured by Mortgage Rights and formulates a protective-document framework for good-faith auction winners. The research addresses the gap between the formal authenticity of Auction Minutes and the limited preventive protection available when disputes arise concerning the validity, assignment, notification, registration, or enforcement of receivables. It employs normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed through grammatical, systematic, teleological, and prescriptive legal reasoning. The findings show that Auction Minutes primarily authenticate the conduct and result of the auction but do not independently establish the substantive validity of the receivable or automatically confer an effective creditor position on the winner. Effective protection depends on valid assignment, debtor notification, transfer of supporting documents, and registration of the Mortgage Right. The novelty lies in a differentiated framework that distributes protective provisions among Auction Minutes, auction terms, seller representations, assignment instruments, debtor-notification documents, and registration records. This framework clarifies responsibilities, allocates risks proportionately, preserves lawful debtor defenses, and strengthens preventive legal protection without granting absolute immunity to the auction winner.
Empowering Village Heads/Lurah as Paralegals: A Legal Study of Restorative Justice-Based Legal Dispute Resolution Markus Marselinus Soge; Heri Setiawan
Greenation International Journal of Law and Social Sciences Vol. 4 No. 5 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (November
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i5.1226

Abstract

This study aims to analyze the legal basis for empowering Village Heads/Lurah as paralegals in Indonesia, examine the implementation of restorative justice in local dispute resolution, and formulate an ideal model for empowering Village Heads/Lurah as community paralegals. The research employs a normative legal method using statutory, conceptual, and comparative approaches. Legal materials consist of primary, secondary, and tertiary sources analyzed qualitatively through legal interpretation and regulatory synchronization. The findings reveal that the legal foundation for empowering Village Heads/Lurah is derived from the 1945 Constitution, Law No. 6 of 2014 on Villages as amended by Law No. 3 of 2024, Law No. 16 of 2011 on Legal Aid, and regulations concerning restorative justice. However, these legal provisions remain fragmented and do not clearly regulate the legal status, authority, and competencies of Village Heads/Lurah as paralegals. Restorative justice has been implemented through deliberation and mediation mechanisms emphasizing reconciliation and social restoration, although stronger regulations, standardized procedures, capacity building, and coordination with law enforcement agencies are still required. This study proposes an ideal empowerment model through regulatory strengthening, competency development and certification, establishment of Village Paralegal Posts, cross-sectoral collaboration, and accountable supervision to enhance access to justice, strengthen non-litigation dispute resolution, and support a more responsive, effective, and equitable legal aid system in Indonesia.
Legality and Legal Formulation of the Implementing Institution for the Free Nutritious Meal (MBG) Policy Within the Indonesian Welfare State Framework Ogiandhafiz Juanda; Juanda Juanda
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.v4i4.1270

Abstract

The Free Nutritious Meals Program (Program Makan Bergizi Gratis/MBG) constitutes one of the Indonesian Government's strategic policy instruments within the framework of the welfare state under the rule of law. The implementation of this large-scale program requires a robust institutional framework, including the establishment of the National Nutrition Agency (Badan Gizi Nasional/BGN). This normative legal research examines the legitimacy of the authority and the legal basis for establishing the National Nutrition Agency (BGN) in light of the principle of legality under Indonesian constitutional law, as well as its institutional formulation within the legal framework governing state institutions. The findings indicate that the establishment of the National Nutrition Agency (BGN) through Peraturan Presiden Nomor 83 Tahun 2024 formally satisfies the principle of legality by virtue of the President's attributive authority as the holder of executive governmental power. Nevertheless, from the perspective of the law governing state institutions, the implementation of a program with substantial fiscal implications should ideally be institutionalized through an Act of Parliament (Law) to ensure legal certainty, cross-sectoral accountability, and the sustainability of the legal framework for fulfilling citizens' constitutional right to food.
The Role of Women in Local Politics in Biak Numfor: Substantive Representation or Political Formality? Karolina R.S Wenggi; Martenci Antomina Gedi; Dedy Pribadi Uang
Greenation International Journal of Law and Social Sciences Vol. 4 No. 5 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (November
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i5.1335

Abstract

The increase in women's representation in political institutions is not always accompanied by the development of substantive representation capable of influencing political decision-making processes and public policy. This study aims to analyze women's political representation in Biak Numfor Regency and explain the transformation process from formal representation to more substantive political influence. This study uses a qualitative approach with a case study design. Data were collected through semi-structured interviews and document analysis involving 10 informants from the Regency People's Representative Council (DPRK), political parties, local governments, women's organizations, and related institutional actors. The results indicate that women's political representation in Biak Numfor Regency is in a transitional stage toward emerging substantive representation. This process can be understood through the pathway from formal representation to political access, effective political participation, and policy advocacy and negotiation, which subsequently leads to the emergence of more substantive political influence. However, this process does not occur automatically or linearly, but is influenced by the interaction between political structures and institutions, women's agency and resources, and the local social context that can function as both supporting and limiting conditions. This research produces a conceptual model of the transformation of women's political representation based on empirical findings specific to the case of Biak Numfor Regency, rather than a universally validated causal model. The model demonstrates that formal representation or an increase in the number of women alone is insufficient to generate substantive political influence. These findings contribute to the study of women's political representation by explaining the contextual mechanisms linking women's formal presence to more meaningful political influence and provide implications for strengthening inclusive local democracy in Papua.
The Execution of Deletion of Electronic Evidence Following Criminal Verdicts under Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions Gracia Wulandari Manurung; Prija Djatmika; Faizin Sulistio
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.v4i4.1367

Abstract

Intimate and other unlawful sexual content seldom stays on the device that police seize from an offender, so the fate of electronic evidence after a criminal verdict matters to victims long after sentencing. Indonesian law does not lack removal tools. Law Number 12 of 2022 on Sexual Violence Crimes authorizes the central government to delete or terminate access to electronic content containing sexual violence (Article 46), allows a prosecutor to ask the chief of a district court to order the communications ministry to delete such content (Article 47), and recognizes the victim's right to its removal (Articles 68(g) and 70(2)(l)), with procedures now laid down in Government Regulation Number 30 of 2025. Article 40 of the Electronic Information and Transactions Law, as amended by Law Number 1 of 2024, provides for access termination, and Articles 43 to 45 of Law Number 27 of 2022 impose deletion, destruction, and notification duties on data controllers. Using statute, case, and conceptual approaches, this normative study asks how these instruments connect with the disposition and execution of electronic evidence under Law Number 8 of 1981 and Law Number 20 of 2025. It examines Decision Number 47/Pid.Sus/2025/PN Bhn, as amended on appeal by Decision Number 251/PID.SUS/2025/PT BGL, and Decision Number 74/Pid.Sus/2026/PN Bdg, classifying their procedural regime under Article 361 of Law Number 20 of 2025 on the basis of verified case chronologies. Both courts ordered seized devices and accounts to be destroyed or erased, yet neither judgment addressed copies held by platforms or recipients, named the executing authority, set a verification standard, or linked the order to the removal channels available under the Sexual Violence Crimes Law and the Electronic Information and Transactions Law. The problem lies in regulatory fragmentation and weak integration between evidence disposition and content removal, not in a normative vacuum. The study proposes an operational framework that separates preservation, secure destruction, platform takedown, access termination, and de-indexing, and that marks where positive law ends and reform begins.
Strengthening the Function of Polri's Primary Investigator as a Restorative Justice Facilitator within the Framework of the New KUHAP (Law Number 20 of 2025) Imam Subandi; Sukardi Sukardi; Roy Darmawan; Aries Apriliano S; Imelda Rahma S
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.v4i4.1385

Abstract

Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) introduces a significant statutory development by expressly designating Penyidik Polri as Primary Investigators and assigning them authority to coordinate, supervise, and direct Civil Servant Investigators (PPNS) and Specific Investigators, subject to the statutory exceptions provided by the Law. The new KUHAP also incorporates restorative justice into the statutory framework of criminal procedure through Articles 79–88, including provisions concerning eligibility, initiation, voluntary agreement, implementation, termination of proceedings, and judicial determination. This study aims to analyze the statutory position and authority of Penyidik Polri as Primary Investigators and examine how the coordination and supervision functions operationalized through the Korwas PPNS structure can be integrated with the restorative justice framework without creating a conflict between supervisory authority and restorative facilitation. This study employs normative legal research using a statute approach and a conceptual approach. The legal materials are analyzed through systematic and conceptual interpretation to distinguish the statutory authority of Penyidik Polri, the institutional functions of Korwas PPNS at the Bareskrim, Polda, and Polres levels, and the authority of individual officers legally appointed to exercise investigative powers. The study proposes a normative model based on functional separation, procedural safeguards, informed and voluntary consent, legal representation, victim and vulnerable-group protection, conflict-of-role safeguards, judicial review, recordkeeping, and complaint mechanisms. The proposed model also recognizes the sectoral and lex-specialisprovisions preserved under Articles 3, 363, and 364 of Law Number 20 of 2025. The proposed framework remains a normative and unvalidated model; its operational effectiveness requires further empirical examination through representative sectoral cases and stakeholder evidence.
Legal Protection for Parties Involved in a Contract Manufacturing Agreement Wahyu Prabowo; Indira Swasti Gama Bhakti; Rr. Yunita Puspandari; An’nisa Nur Laila
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.v4i4.1426

Abstract

This study aims to analyze the implementation of legal protection for the parties involved in a toll manufacturing (maklon) service agreement at CV X in City M. The research employs an empirical legal methodology, incorporating qualitative, case-based, and statutory approaches. Data were collected through interviews and observations. The findings indicate that legal protection is implemented through oversight, the application of good faith, education, human resource development, quality assurance, and insurance. Legal protection is facilitated via both preventive mechanisms to forestall potential breaches and repressive mechanisms to resolve disputes. Agreements drafted in accordance with legal requirements and fundamental contractual principles serve as the basis for protecting the parties involved. Consequently, legal protection at CV X is enacted through both preventive and remedial measures, designed to minimize the risk of breach of contract and ensure legal certainty within the contractual relationship.
Reconstruction of Legal Policy for MSME Legality Anis Rifai; Aris Machmud; Suartini Suartini; Siti Farhani; Zuhad Aji Firmantoro
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.v4i4.1433

Abstract

The enactment of the Sole Proprietorship institution within the Omnibus Law on Job Creation aims to facilitate ease of doing business for Micro and Small Enterprises (MSEs) by granting instant legal entity status. However, in its implementation, this single entity triggers doctrinal antinomies in corporate law and cross-sectoral disharmony. This juridical-normative research, utilizing statutory, conceptual, and comparative approaches, aims to analyse the legal implications of sole proprietorships on legal certainty, to formulate its policy reconstruction design, and how corporate crimes are handled in sole proprietorships. The results indicate that the ease of digital self-registration (instant formality) without verification by an authentic official triggers resistance from the banking industry due to perceived high legal risks. Furthermore, the low accounting literacy among MSE actors leads to the commingling of personal and corporate assets, threatening the collapse of the limited liability principle through the Piercing the Corporate Veil doctrine. This article rejects the trend of prior research that merely focused descriptively on administrative registration efficiency. The novelty of this study offers a policy reconstruction formulation through a transition toward the Guided Accountable Formality paradigm. This reconstruction is manifested through technological intervention via a unified micro-accounting application integrated into the OSS-RBA system as an asset segregation control instrument, alongside the implementation of a Self-Liquidity Guarantee Fund scheme to ensure legal protection for creditors and third parties.
Democratic Contestation and National Resilience: A Systematic Literature Review of Student Protests in the Context of Maluku in 2024 Mohamad Ikhsan; Puspitasari Puspitasari
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.v4i4.1474

Abstract

Student protests are a form of democratic participation through which citizens articulate aspirations, criticize public policies, and express dissatisfaction with institutional decisions. This study examines how existing literature conceptualizes student protests as democratic contestation and explores the implications of institutional responses for national resilience, using student protests in Maluku in 2024 as a contextual illustration. The study employs a Systematic Literature Review (SLR) guided by the PRISMA 2020 framework. Literature was retrieved from Google Scholar, Scopus, and SINTA. Of the 79 initial records identified, 20 studies met the eligibility criteria and were included in the thematic synthesis. The reviewed literature indicates that student protests can serve as channels for articulating public concerns and exercising democratic participation. Contestation may arise when institutional responses fail to address protesters’ demands or provide adequate opportunities for dialogue. Across the reviewed studies, dialogic and accommodative responses are associated with opportunities for clarification, negotiation, and problem-solving, whereas unresponsive approaches may contribute to persistent dissatisfaction and social tension. These findings represent a synthesis of existing literature rather than direct empirical findings from fieldwork in Maluku. The article’s contribution lies in connecting research on student protests and institutional responsiveness with a national resilience perspective, emphasizing that protests should not automatically be interpreted as threats to national resilience. Instead, their implications depend partly on institutional capacity to manage democratic contestation inclusively, responsively, and constructively. The Maluku context illustrates the relevance of this analytical perspective to the relationship between democratic participation and national resilience.

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