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M. Rizky Mahaputra
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INDONESIA
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,
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
Legal Protection for Policyholders Against PT Asuransi Jiwa Kresna's Default based on the Supreme Court Decision No. 647 K/Pdt.Sus-Pailit/2021 Amanda Lanisya; Faisal Santiago
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

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Abstract

Based on Decision Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst (Decision 389), policyholders of PT Asuransi Jiwa Kresna (PT AsJK) were considered applicants for a Posponement of Indebtedness Payout Responsibility (PeKPU) and therefore had special legal protection through homologation. However, according to Supreme Court Verdict Num. 647 K/Pdt.Sus-Pailit/2021 (MA Decision 647), the homologation was declared null and void, thus unprotected policyholders, and the Financial Services Authority (OJK) never permitted it. According to MA Decision 647, policyholder protection against PT AsJK's default is the objective of this research. This normative legal research uses secondary data collected through library research. The research results indicate that because insurance policyholders lack legal status as applicants for a PeKPU against insurance companies, the legal protection provided by MA Decision 647cannot protect insurance policyholders. OJK is the only party that allows PeKPU applications. However, based on the Decision 389, OJK has been granted protection even though the Commercial Court Panel of Judges has set aside the OJK's legal conviction as a PeKPU applicant.
Reconstruction of the Principles of Justice in Employment Agreements Post Constitutional Court Decision No. 168/PUU-XXI/2023 Muhidin, Muhidin; Faisal Santiago
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.v3i4.662

Abstract

The Constitutional Court (MK) Decision No. 168/PUU-XXI/2023 marks a significant milestone in the development of labor law in Indonesia, particularly concerning Fixed-Term Employment Agreements (Perjanjian Kerja Waktu Tertentu or PKWT). The ruling sets a maximum duration for the implementation of PKWT at five years, including all possible extensions during the employment period. This time limit aims to provide legal certainty while ensuring maximum protection for workers employed under PKWT, who have often faced uncertainty and vulnerability in industrial relations. Issued on October 31, 2024, the MK decision strengthens the principle of justice in industrial relations by offering clearer and better protection for PKWT workers. With the five-year cap, workers are no longer subjected to prolonged uncertainty regarding their employment status, securing their rights more definitively. The ruling also balances employers’ authority to regulate employment relationships, allowing the use of PKWT under clear restrictions without arbitrary and unlimited contract renewals. This decision presents challenges for employers in adapting their contract practices to comply with the new regulations, especially in managing PKWT workers for short-term operational needs. MK Decision No. 168/PUU-XXI/2023 provides a stronger legal foundation to realize justice and legal certainty for workers, fostering harmonious, fair, and sustainable industrial relations, particularly for workers under PKWT status.
Optimizing the Village Supervisory Agency's Supervisory Mechanism Through a Participatory and Digital Approach in an Effort to Prevent Criminal Acts of Corruption in Village Development Budgets Eben Patar Opsunggu; 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.v3i4.663

Abstract

Village development budget management is often vulnerable to corruption, primarily due to weak internal oversight systems at the village level. One key oversight actor, the Village Consultative Body (BPD), frequently faces structural constraints, low capacity, and limited authority in optimally carrying out its functions. Yet, the BPD plays a strategic role in ensuring transparency and accountability in the use of village budgets sourced from central government transfers, as specified in Government Regulation No. 37 of 2023. This study analyzes the weaknesses of existing oversight mechanisms and proposes optimization strategies through participatory and digital approaches. With a participatory approach, village communities are encouraged to actively participate in deliberation processes, program evaluations, and budget oversight through community forums and the involvement of vulnerable groups. Furthermore, the use of digital systems such as SISKEUDES, SP4N-LAPOR, and social media-based innovations and QR codes in development projects provides open and real-time data access for the public. This study demonstrates that integrating institutional oversight, community engagement, and digital technology can strengthen village governance and reduce opportunities for budget corruption. Implementing this strategy requires regulatory support, ongoing technical training, and commitment from all stakeholders.
Reformulation of the Indonesian National Police Code of Ethics as an Effort to Eliminate Normative Ambiguity in Handling Horizontal Conflicts Involving Police Officers Sonny Wibisono; 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.v3i4.664

Abstract

Reformulation of the National Police Code of Ethics is an urgent need to address the various dynamics of horizontal conflict management involving police officers. Ambiguities in ethical norms as stipulated in the Republic of Indonesia National Police Regulation Number 7 of 2022 create difficulties in interpretation and implementation in the field. It results in unclear actions by officers in social crises, which have the potential to lead to ethical and human rights violations. This study uses a normative juridical approach to analyze relevant laws and regulations, namely Law Number 2 of 2002 concerning the Republic of Indonesia National Police, Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for National Police Members, and Regulation No. 7 of 2022 concerning the Professional Code of Ethics and the National Police Code of Ethics Commission. The analysis reveal that several articles in Regulation No. 7 of 2022 contain norms that are open to multiple interpretations, do not accommodate the complexity of horizontal conflict situations, and lack contextual elaboration instruments. This study recommends reformulating the code of ethics by prioritizing the principles of lex certa and lex stricta, and suggesting harmonization of internal Polri regulations. Furthermore, strengthening the Polri Code of Ethics Commission is needed to ensure that ethical norms are enforced objectively, accountably, and in line with human rights values. This reformulation is expected to provide a clear ethical direction for Polri personnel and strengthen public trust in the police institution in handling social conflicts.
The Effectiveness of Blockchain Technology Implementation by Notaries in Increasing the Security and Validity of Digital Investment Agreement Deeds Titin Hartati; 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.v3i4.665

Abstract

The development of blockchain technology has opened up significant opportunities in the legal world, including in the notarial realm, particularly in the creation of digital investment agreement deeds. This study aims to analyze the effectiveness of blockchain technology implementation by notaries in improving the security and validity of digital investment agreement deeds by reviewing relevant legal, institutional, and technological aspects. Blockchain is considered capable of providing an immutable, transparent, and secure digital recording system, thereby strengthening trust between parties and preventing deed forgery. However, the application of this technology in notarial practice in Indonesia still faces significant challenges, primarily due to the lack of regulations specifically governing the legality of blockchain-based notarial deeds. This study uses a normative juridical approach with an analysis of Law Number 2 of 2014 concerning the Office of Notaries, Law Number 1 of 2024 concerning Electronic Information and Transactions, and other relevant regulations. The results of the study indicate that despite its technological potential, the implementation of blockchain in notarial practice is still hampered by legal, infrastructure, and human resource constraints. Progressive legal reforms and public policy initiatives are needed to accommodate these digital innovations within the national legal system, as well as to encourage the digitalization of notarial services that are secure, accountable, and legally valid.
Legal Problems of Collusion Among Law Enforcement Officials in Protecting the Distribution of Narcotics in Government Environments Sunardi, Sunardi; KMS Herman
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.v3i4.666

Abstract

The collusion of law enforcement officers in protecting the circulation of narcotics within the government is a serious phenomenon that threatens the integrity of the legal system and state security. This study aims to analyze this problem from a criminological and legal perspective. A criminological approach employs to identify the causal factors, modus operandi patterns, and impacts of crimes committed by officers, with reference to the theories of White-Collar Crime, State Crime, and Organized Crime. The results of the analysis indicate that economic factors such as bribery and gratuities, weak structural oversight, and low moral integrity of officers are the main drivers of the conspiracy. The modes found include manipulation of evidence, protection of certain networks, and abuse of authority to facilitate the distribution of narcotics, including in correctional institutions. The legal approach explains the relevant legal framework, including Articles 112, 114, and 132 of Law Number 35 of 2009 concerning Narcotics; Articles 5, 6, 11, and 12 of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption; and Articles 421, 422, 55, and 56 of the Criminal Code. The analysis reveals weak provisions for imposing increased sanctions on involved officers and ineffective external oversight mechanisms. The study's conclusions confirm a close relationship between regulatory weaknesses and the prevalence of collusion among officers, necessitating revisions to the Narcotics Law, strengthening independent oversight, protecting witnesses and whistleblowers, and fostering officer integrity. Implementing these recommendations is expected to break the chain of officer involvement in drug trafficking networks and restore public trust in law enforcement.
Cyber Legal Protection for Consumers in Cross-Border E-Commerce Transactions in the ASEAN Region Edy Krispono; Ahmad Redi
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.v3i4.667

Abstract

This article discusses cyber legal protection for consumers in cross-border e-commerce transactions in the ASEAN region, focusing on an analysis of Indonesian national regulations and the ASEAN regional framework. The rapid development of cross-border e-commerce brings significant opportunities for digital commerce, but also presents serious challenges in consumer protection, particularly regarding transaction security, information transparency, misuse of personal data, and cross-border dispute resolution mechanisms. Indonesia already has several relevant regulations, such as Government Regulation Number 80 of 2019 regarding Commerce Through Electronic Systems, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerned Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection. Although these regulations provide a basic framework, they are still limited in nature and cannot address the complexities of cross-border transactions. At the regional level, ASEAN has issued the ASEAN Agreement on E-Commerce, which encourages the establishment of a safe, fair, and inclusive digital commerce ecosystem. However, its implementation still faces challenges in legal harmonization, differences in consumer protection standards, and limitations in cross-border dispute resolution mechanisms. Therefore, strategic steps are needed to harmonize regulations across ASEAN countries, establish a regional dispute resolution forum, and enhance cooperation between supervisory authorities in the areas of digital trade and personal data protection. It will ensure more effective cyber legal protection for consumers in cross-border e-commerce transactions, bolster public trust, and strengthen digital economic integration in the ASEAN region.
Challenges and Strategies of Law Enforcement in Eradication of Money Laundering in Indonesia Karyono, Karyono; Evita Isretno Israhadi
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.v3i4.668

Abstract

One type of economic crime that significantly affects both the integrity of the legal system and the financial viability of a country is money laundering (TPPU). This phenomenon is increasingly complex with advances in financial technology, which makes it easier for criminals to disguise the origins of criminal assets. This study aims to analyze the challenges and strategies for law enforcement against financial technology-based money laundering in Indonesia, using a normative legal approach through a review of applicable laws and regulations, doctrines, and legal policies. The study's findings show that, particularly when it comes to exchanging information and demonstrating the provenance of assets, coordination between law enforcement organizations like the Financial Transaction Reports and Analysis Center (PPATK), the Financial Services Authority (OJK), the Police, and the Prosecutor's Office is still not at its best. Furthermore, Article 2 paragraph (1), Article 3, Article 4, and Article 5 of Law Number 8 of 2010 addressing TPPU have been canceled by the implementation of the new Criminal Code through Law Number 1 of 2023, so that harmonization of norms is needed to avoid a legal vacuum in its implementation. Future law enforcement strategies need to be directed at strengthening regulations that adapt to technology, increasing the capacity of law enforcement officers, and fostering cross-sector collaboration to strengthen reporting and prevention systems. Active public participation in anti-money laundering education is also a crucial element in creating a transparent and equitable legal system in the digital age.
Determinant Factors of the Implementation of the Bureaucratic Simplification Policy in the West Java Provincial Government Dwi Wahyuni; Eko Prasojo
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.v3i4.687

Abstract

Following the lengthy journey of its bureaucracy from independence to the reform era, Indonesia is still working to modernise its system. The bureaucratic simplification policy, which addresses the difficulties of a quickly evolving organisational environment, ushers in a new age for the Indonesian bureaucracy amid the ongoing bureaucratic reform. The bureaucratic simplification agenda has faced particular challenges for municipal governments. The West Java Provincial Government has been judged successful in putting the bureaucratic simplification agenda into practice since it was passed. Thus, the purpose of this study is to examine the variables affecting the West Java Provincial Government's application of the bureaucratic simplification program. Additionally, this study develops methods for improving the West Java Provincial Government's execution of the bureaucratic simplification program. This study employs a qualitative methodology, gathering data via document analysis and interviews. The study's findings show that the West Java Provincial Government's bureaucratic simplification policy's implementation context and content are significantly out of balance. The policy's overall content demonstrates high success in the structural aspect, but there are significant gaps in the dimensions of human resource quality, work culture, and perceived benefits. Although the implementation context demonstrates a high level of leadership commitment and creative initiatives, the efficacy of the policy in the field is hampered by inadequacies in the qualitative commitment aspect of civil servants.
Legal Reconstruction of Certainty of Ownership Rights for Apartment Units and Businesses in Superblock Management Through P3SRS Lismanida
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.v3i4.696

Abstract

The development of vertical housing in the form of superblocks in urban areas has changed residential ownership patterns and given rise to increasingly complex legal issues. Superblocks not only combine residential and business functions but also place unit owners in a collective legal relationship that depends on land rights, the technical age of the building, and a joint management system. This study aims to analyze the level of protection and legal certainty surrounding superblock unit ownership based on applicable positive law, while also formulating a legal reconstruction model that can address the gap between norms and practices. The results show that the Apartment Law and related regulations do not fully guarantee the sustainability of ownership rights, especially after the building has passed its technical age. The dependence of apartment unit ownership rights on Building Use Rights (Hak Guna Bangunan) or Management Rights (Hak Pengelolaan) creates structural uncertainty that directly impacts unit owners. Furthermore, weak regulations regarding the transition and authority of the Apartment Unit Owners and Occupants Association (APOS) have led to developer dominance and prolonged management conflicts. This study proposes a legal reconstruction that positions PPPSRS (Regional Unit Owners Association) as the collective rights holder of unit owners, strengthens post-building age regulations through compensation schemes, redevelopment, and priority rights, and encourages harmonization between apartment, land, and consumer protection laws. The reconstruction is expected to create legal certainty, justice, and sustainable ownership of superblock units, while also restoring public trust in the vertical housing legal system in Indonesia.