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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 85 Documents
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The Influence of Candidates' Ethnic Identity on Student Voting Participation in the Student Executive Board Elections of the Faculty of Law, UNJA Putri GL Sianturi; Muhammad, Hatta Abdi; Pratiwi, Cholillah Suci; Efendi, Dori
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.565

Abstract

Student political participation in campus elections (Pemira) is influenced by various factors, one of which is the perception of the candidates' ethnic identity. This study aims to analyze the extent to which ethnic identity influences student voting behavior in Pemira BEM Faculty of Law, University of Jambi. The method used is quantitative research with a survey technique through a questionnaire distributed to 350 active student respondents. Data were analyzed using correlation tests and simple linear regression to examine the relationship between the candidates' ethnic identity and voter participation levels. The results show that ethnic identity has a significant influence on students' voting decisions, so that students' political preferences are not entirely based on the capabilities and vision and mission of the candidates, but also on the proximity of their social identities. These findings indicate that campus political dynamics are still influenced by group identity factors, and more inclusive political education is needed so that voter participation is more oriented towards the competencies and ideas of the candidates.
Jurisdictional Transformation of Government Liability Disputes in Indonesia: The Role of the Tax Court Budi Haritjahjono; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.584

Abstract

The transformation of governance in Indonesia can be traced through the shifting jurisdiction over disputes involving unlawful acts by the government (onrechtmatige overheidsdaad). Initially adjudicated by the General Courts under the paradigm of private law, these disputes were later reassigned to the Administrative Court following the enactment of Law No. 5 of 1986, reflecting the recognition of government actions as matters of public law. In the strategic field of taxation, Indonesia further established a specialized judicial body, the Tax Court under Law No. 14 of 2002, designed to address the complex, interdisciplinary nature of tax disputes, which involve not only law but also economics, accounting, and public policy. This article aims to analyze the role of the Tax Court in strengthening governance by ensuring accountability, transparency, and fairness in the resolution of government liability disputes. The study employs a normative juridical approach combined with comparative insights to explore the evolving jurisdictional framework. The findings indicate that the Tax Court’s authority extends beyond the narrow scope of tax collection, encompassing a broader mandate to uphold legal certainty and public trust in fiscal administration. By situating tax adjudication within the context of global governance and welfare, the Tax Court contributes to aligning domestic legal practices with international standards, thereby reinforcing Indonesia’s commitment to good governance. The conclusion underscores that jurisdictional transformation in government liability disputes not only redefines institutional arrangements but also strengthens interdisciplinary synergy between law and economics, fostering global welfare through improved accountability mechanisms.
Optimizing Asset Recovery Through the Implementation of Article 12 B (Gratification) and Money Laundering in Handling Corruption Crimes Asep Guntur R; Azis Budianto
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.592

Abstract

One of the goals of the Corruption Eradication Law is asset recovery. This is evident in the Law Number 20 of 2001 modification to Law Number 31 of 1999 for the Eradication of Corruption. This is inextricably linked to lawmakers' understanding that corruption is a serious crime that harms the country's economy by causing state assets to be unlawfully transferred to corrupt officials and their associates. This research aims to analyze how law enforcement officials, specifically the Corruption Eradication Commission (KPK), can implement existing articles and laws to maximize the recovery of state financial losses due to corruption before the asset confiscation law is enacted by the government. This research uses an empirical legal research method, examining how the law works to achieve its objectives. The theory used is Nonet and Selznic's responsive legal theory. This theory teaches that law is not merely a system of regulations but examines the impact of the application of legal norms on the objectives of the law itself. According to the study's findings, law enforcement officials at the Corruption Eradication Commission (KPK) can use information from the State Officials' Wealth Report (LHKPN) to spot increases in the wealth of suspected corruption offenders in order to achieve one of the goals of the corruption law, which is the recovery of state financial losses or asset recovery, prior to the implementation of the asset confiscation law. This data is combined with secondary data from field surveys on the wealth ownership of suspected corruption perpetrators and data from other stakeholders such as the Financial Transaction Reports (PPATK), Banking, Taxation, National Land Agency (BPN), and others. This spike in wealth is then analyzed in relation to the period of the spike and correlated with the position of the suspected corruption perpetrator at the same time. Furthermore, Article 3 of Law Number 8 of 2010 concerning the Crime of Money Laundering, as well as Article 12B (Gratification) of Law Number 31 of 1999, as amended and supplemented by Law Number 20 of 2001, apply.
Health Law Reform in Ensuring Physician Competency Based on the Integration of Ethics, Discipline and Science for Global Welfare Rika Noviantini; Faisal Santiago
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 & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.602

Abstract

Doctors are a fundamental aspect in ensuring the quality of health services, as well as being an integral part of the protection of the right to health as guaranteed in the constitution and international human rights instruments. However, medical practice still faces various challenges, ranging from disparities in the quality of medical education, weak competency test mechanisms, to the lack of optimal integration of professional ethics, discipline, and science in the health legal system. This condition poses a risk to patient safety and reduces public trust in medical services. This research aims to analyze the need for health law reform in ensuring the competence of doctors, as well as formulate an integration model between ethics, discipline, and science as the main pillars of equitable and well-being oriented medical professional governance. The method used is normative legal research with legislative, conceptual, and comparative approaches. Primary and secondary legal data are analyzed qualitatively through the study of doctrines, norms, and practices of the governance of the medical profession in various countries. Health law reform needs to be directed at strengthening regulations on physician competency standards, transparent certification and recertification mechanisms, and professional supervision systems that are integrated between ethics, discipline, and law. The integration model can be an instrument to ensure that every doctor has measurable competence, maintained professional ethics, and clear legal responsibilities in healthcare practice. Ensuring the competence of doctors through health law reform based on the integration of ethics, discipline, and science is a strategic step to improve the quality of medical services, strengthen patient protection, and realize global justice and welfare.
Evaluation of Law Enforcement Policy on Criminal Acts in Cooperatives M. Irwan Susanto; Abdullah Sulaiman
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 & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.605

Abstract

This study aims to evaluate law enforcement policies concerning criminal acts within cooperatives in Indonesia. As membership-based economic institutions, cooperatives play a strategic role in enhancing community welfare; however, they remain vulnerable to criminal acts, particularly those related to abuse of authority and embezzlement of members’ funds. This research employs a mixed methods approach, combining a juridical-normative analysis of statutory regulations and legal doctrines with an empirical approach through case studies, interviews, and surveys involving cooperative managers, supervisors, members, and relevant law enforcement officers. The findings reveal that the existing law enforcement policies are not yet fully effective in providing legal protection and certainty for cooperative members. The ineffectiveness is mainly attributed to regulatory limitations, weak inter-agency coordination among law enforcement bodies, and the insufficient participation of members in supervisory mechanisms. Accordingly, reformulating a more comprehensive law enforcement policy, strengthening supervisory institutions, and implementing governance principles grounded in transparency and accountability are deemed essential to prevent and address criminal acts within cooperatives more effectively.
Implementation of Civil Servants Performance Management in The Mahakam Ulu Regency Government Belawan, Owena Mayang Shari; Indriati, Fibria
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.651

Abstract

Civil servant performance plays a vital role in governance. Furthermore, under the decentralized system implemented in Indonesia, civil servants serve as the backbone of local governments. However, civil servant performance presents a problematic situation influenced by the implementation of performance management. Focusing on Mahakam Ulu regency, this study aims to analyse the implementation of civil servant performance management in the region. This is a qualitative study, with data collected through interviews and document studies. Using an illustrative data analysis method, the study demonstrates that the overall implementation of civil servant performance management in the Mahakam Ulu regency government, as seen from the dimensions of performance planning, performance monitoring and measurement, performance evaluation, and employee development, has been running procedurally in accordance with stages and regulations. Although the processes have been implemented and are generally considered effective, various challenges remain to be addressed to achieve optimal results.
The Ambiguity of the Standard of Good Faith and Prudence in the Accountability of Directors that Causes Bankruptcy of Limited Liability Companies Based on the Fiduciary Duty Principle Hendro Widodo; Riswadi, Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.653

Abstract

Based on the idea of fiduciary obligation, this paper investigates the vagueness of the requirements of good faith and caution in the accountability of directors under Article 97 of the Limited Liability Company Law, which causes limited liability firms to go bankrupt. As the company's governing body, the board of directors has a duty to run the business responsibly, professionally, and in good faith. However, in practice, there is often ambiguity regarding the limits of responsibility, criteria for negligence, and the definition of conflict of interest. A normative legal analysis indicates a legal vacuum in Article 97, particularly regarding objective standards of good faith, mechanisms for proving negligence, and loss prevention procedures, allowing directors to avoid liability even though their actions are detrimental to the company. Using a comparative legal approach and interpretation of the fiduciary duty doctrine, this study emphasizes the need for legal reform through the formulation of clearer criteria regarding the fiduciary obligations of directors, standards of prudence, loss prevention mechanisms, and regulations regarding conflicts of interest.
Fiscal Policy Law Reform Based on Distributive Justice to Reduce Economic Disparity and Improve People's Welfare Lorraine Rangga Boro; Riswadi, Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.654

Abstract

Fiscal policy is the main instrument of the state in realizing the goals of the state, including protecting the nation, advancing welfare, and realizing social justice as stipulated in Article 33 paragraph (1) of the 1945 Constitution. One of the important principles in fiscal policy is distributive justice, namely the proportional distribution of burdens and benefits to reduce economic disparities. This study aims to analyze the implementation of distributive justice in Indonesia's fiscal policy and assess the need for legal reform to increase its effectiveness. The method used is normative juridical with an analysis of laws and regulations, including Law Number 17 of 2003 concerning State Finance (Articles 2 and 21), Law Number 7 of 2021 concerning Harmonization of Tax Regulations (Articles 4 and 13), and Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (Articles 5 and 12), as well as the latest State Budget. The results of the study indicate that although the fiscal legal framework has supported equity, its implementation still faces inequality in budget distribution, low tax compliance, and less than optimal fiscal transfer effectiveness. This study recommends reforming fiscal law based on social justice, strengthening progressive taxation, increasing transparency in state financial management, and optimizing fiscal transfers to achieve equitable public welfare.
Legal Loopholes in the Application for Termination of Investigation by Investigators Due to the Absence of Clear Standards in Determining Sufficient Evidence John Piter Tampubolon; Rineke Sara
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.655

Abstract

This study examines the legal gaps that arise in investigators' requests to terminate investigations based on Article 109 paragraph (2) of the Criminal Procedure Code, which authorizes the filing of an SP3 (Sufficient Evidence Order) due to "insufficient evidence" but does not outline the operational criteria. This lack of clarity in the standard leaves investigators open to subjective interpretation, potentially leading to misuse to terminate investigations without a clear basis, reducing legal certainty and harming victims. The study uses a normative juridical approach with a critical analysis of laws and regulations, legal literature, and investigative practices in Indonesia. The results show that the ambiguity of the term "sufficient evidence" creates a legal loophole that weakens investigator accountability and leads to injustice in the criminal justice system. As a direction for legal reform, it is recommended that there be clear technical guidelines for assessing sufficient evidence, a strict oversight mechanism by prosecutors, and public transparency regarding the basis for terminating investigations, so that the SP3 authority can be exercised objectively, accountably, and in accordance with the principle of legal certainty. This reform is expected to minimize the potential for misuse, increase the integrity of law enforcement, and strengthen the protection of victims' rights.
Reform of the Law on Political Party Dispute Resolution in Indonesia to Realize Legal Certainty Ismail Marjuki
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.656

Abstract

Political party disputes in Indonesia frequently raise serious issues that have implications for political stability and the sustainability of democracy. To date, the mechanism for resolving political party disputes still faces various problems, ranging from dualism of authority, inconsistent decisions, to weak implementation of laws and regulations. These conditions result in legal uncertainty that can reduce public trust in the legal system and democracy. Therefore, legal reform in resolving political party disputes is needed to provide a more effective, consistent, and certainty-oriented mechanism. This study uses a normative juridical approach by examining the provisions of the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2011 concerning Political Parties, Law Number 7 of 2017 concerning General Elections, and relevant Constitutional Court Decisions. Conceptual analysis is also used to assess the need for legal reform to strengthen legal certainty and democratization. The results of the study indicate that legal reforms for resolving political party disputes can be directed at three main things: (1) strengthening the role of an independent judiciary free from political intervention, (2) harmonization of regulations between political party laws, election laws, and judicial regulations, and (3) the application of the principles of justice, certainty, and benefit in a balanced manner. With legal reforms, it is hoped that the resolution of political party disputes can be more effective, just, and realize legal certainty which is the main foundation for the consolidation of democracy in Indonesia.

Page 7 of 9 | Total Record : 85

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