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International Journal of Society and Law
Published by Yayasan Sinergi Multidimensi Kreatif
ISSN : -     EISSN : 30314763     DOI : https://doi.org/10.61306/ijsl
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
International Journal of Society and Law is a journal that explores important issues in the field of law and society at the international level. This journal provides a platform for a variety of research and analysis related to the interaction between law and social dynamics in global society. Topics discussed in this journal include international law, human rights, public policy, ethics, legal regulations, social developments, and legal issues relevant in a global context. With an emphasis on a multidisciplinary view, the journal aims to promote a better understanding of how law and society influence each other, as well as their impact on global society.
Arjuna Subject : Umum - Umum
Articles 7 Documents
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Search results for , issue "Vol. 4 No. 1 (2026): April 2026" : 7 Documents clear
Legal Issues in Handling Breach of Contract in Commercial Agreements (A Study on Law No. 8 of 1999 Concerning Consumer Protection) Khairun Naim; Sri Wenti Buulolo; Yohanes Herman Buulolo; Sonotehe Halawa; Yaniman Gulo
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

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Abstract

In commercial transactions, breach of contract (wanprestasi) remains a significant legal issue that can disrupt business relations and cause financial losses. This study aims to analyze legal problems in handling wanprestasi in trade contracts and examine the obligations and rights of parties under Law No. 8 of 1999 concerning Consumer Protection. The research method used is normative juridical, involving the examination of statutory regulations, case law, and other legal materials relevant to commercial contracts and breaches. The findings indicate that wanprestasi often occurs due to delayed performance, non-conformity of goods or services, and failure to fulfill contractual obligations. Legal remedies include claims for compensation, contract termination, and dispute resolution through litigation or alternative mechanisms such as arbitration. The discussion highlights challenges in enforcing contractual rights, particularly regarding clarity of obligations and effectiveness of existing regulations. The study concludes that understanding legal provisions and strengthening contractual agreements are crucial to mitigate risks of wanprestasi in trade transactions.
Rethinking Policyholder Rights in Mutual Insurance Enterprises Angel Firstia Kresna; Dewa Gede Giri Santosa
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.712

Abstract

Mutual insurance companies in Indonesia operate under a unique legal structure that is fundamentally different from shareholder-based insurance corporations. Rather than acting merely as consumers, policyholders in these organizations collectively serve as co-owners. This study analyzes the legal characteristics of mutual insurance enterprises and examines the implications of this dual status and contractual rights arising from insurance policies. Employing a normative legal methodology, this research uses statutory and case approaches to analyze key regulations, including Law No. 40 of 2014 on Insurance, Government Regulation No. 87 of 2019, and Financial Services Authority Regulation No. 7 of 2023, along with several Supreme Court decisions concerning disputes involving AJB Bumiputera 1912. The findings indicate that the mutual structure creates policyholders within a complex, dual legal relationship. Recent judicial interpretations tend to prioritize the mutuality principle by rejecting breach of contract claims against the enterprise itself and instead directing liability toward management through tort-based claims. While this approach reinforces the conceptual nature of mutual enterprises, it raises serious concerns about the practical effectiveness of legal protection for policyholders. The study concludes that the current normative ambiguity regarding the legal status of policyholders requires a more balanced framework that harmonizes the principle of mutuality with enforceable protections for policyholders.
The Effectiveness of Law Enforcement Against Online Gambling Crimes in the Jurisdiction of the Medan Police Based on the ITE Law and the Criminal Code Muhammad Hafizullah; Onny Medaline
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.741

Abstract

Online gambling is a cybercrime that continues to increase in Indonesia, including in the jurisdiction of the Medan Police. Data shows that after experiencing a drastic decline from 40 cases in 2020 to just 5 cases in 2023, online gambling cases surged back to 40 cases in 2024 and peaked in 2025 with 46 cases (a 700% increase from 2023). This study aims to analyze the effectiveness of law enforcement against online gambling crimes based on Article 27 paragraph (2) of the ITE Law and Article 303/303 bis of the Criminal Code in the Medan Police. This study uses an empirical legal research method with a sociological juridical approach through in-depth interviews with investigators, prosecutors, and case document studies for the 2020-2025 period. The data was analyzed using Soerjono Soekanto's theory of legal effectiveness which assessed five factors: legal substance, law enforcement, facilities and facilities, society, and legal culture. The results of the study show that law enforcement has not been optimally effective with an effectiveness rate of around 59% (less effective category). The trend of cases decreasing drastically in 2023 but surging again in 2024-2025 indicates that law enforcement is temporary and has not been able to provide a long-term deterrent effect. Inhibiting factors include: limited competence of investigator human resources in digital forensics (only 30% are certified), lack of digital forensic facilities, regulations that have not been optimal to regulate cross-border jurisdictions, low public legal awareness, and coordination between institutions that has not been maximized. The seasonal pattern shows that the peak of cases occurs in November-December (bonus season and year-end celebrations) with an average of 5.2 cases per month, while the July-August period is the lowest period. Recommendations for increasing effectiveness include: improving regulations, increasing human resource capacity through international certification, procurement of digital forensic tools and building ISO-standard forensic labs, strengthening coordination through inter-agency MoU, and implementing a comprehensive "4P" strategy (Prevention, Prosecution, Protection, Partnership) with a special focus on prevention in the peak period (October-December).
CIVIL LIABILITY OF ELECTRONIC WALLET OPERATORS FOR THE LEAKAGE OF USERS' PERSONAL DATA BASED ON LAW NO. 27 OF 2022 Indah Ade Syaputri; Nur Sulistyaningsih
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.743

Abstract

The development of digital financial services has encouraged the massive growth of electronic wallet users in Indonesia, but at the same time opens up serious vulnerabilities in the form of leakage of users' personal data. This study examines the civil liability of business entities operating electronic wallets for the leakage of users' personal data based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and its enforcement mechanisms. The research uses normative juridical methods with a statutory approach and a conceptual approach. The results of the study show that electronic wallet operators as data controllers can be held to civil liability based on fault (Article 1365 of the Civil Code jo. Article 50 of the PDP Law) as well as strict liability in the context of fundamental information asymmetry between operators and users. The PDP Law requires the implementation of adequate technical and organizational safety standards; Failure to comply with them is the basis for a valid civil lawsuit. The conclusion of the study emphasizes that the gap between das sollen and das sein in personal data protection requires the strengthening of derivative regulations, reverse proof mechanisms, and independent supervisory institutions that are immediately operational
A Legal Review of the Implementation of Government Goods and Services Procurement in Sibolga City from the Perspective of Transparency and Accountability Principles Pursuant to Presidential Regulation Number 16 of 2018 Feby Sri Audina; Onny Medaline
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.749

Abstract

This research examines the implementation of goods and services procurement within the Sibolga City Government (Pemko Sibolga) from the perspective of transparency and accountability principles as mandated by Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services (Perpres 16/2018), as subsequently amended by Presidential Regulation Number 12 of 2021. The research employs a normative legal research methodology utilizing three approaches: the statutory approach, the conceptual approach, and the case approach. Legal materials consist of primary legal materials comprising statutory regulations, secondary legal materials comprising doctrines, scientific journals, and state institution reports, and tertiary legal materials comprising legal dictionaries and encyclopedias. The research yields three principal findings. First, Perpres 16/2018 normatively accommodates the principles of transparency and accountability comprehensively through an SPSE-based e-procurement mechanism, the mandatory publication of the General Procurement Plan (RUP) through SiRUP, the establishment of a permanent and structural Procurement Work Unit (UKPBJ), a structured protest mechanism, and a multi-layered oversight system involving APIP, BPK, KPK, and DPRD. Second, the implementation of transparency and accountability principles in Sibolga City Government procurement continues to face significant obstacles, including: limited UKPBJ human resources holding procurement competency certificates; suboptimal utilization of SPSE and SiRUP due to information technology infrastructure limitations; weak public complaint mechanisms and whistleblower protection; the absence of a Procurement Agent to assist OPDs with limited capacity; and insufficiently optimal legislative oversight by the Sibolga City DPRD over the procurement process. Third, these obstacles originate from a combination of factors relating to legal substance, law enforcement capacity, facility and infrastructure limitations, and bureaucratic culture, as explained by Soerjono Soekanto's legal effectiveness theory. The research recommends: issuance of a Mayoral Regulation specifically governing UKPBJ, regulating career progression and functional allowances for procurement positions; acceleration of procurement competency certification programs for all PPK, Election Working Group, and Procurement Officers; strengthening of information technology infrastructure supporting SPSE; establishment of a public-friendly complaint system with confidential whistleblower protection; and reinforcement of the oversight functions of the Sibolga Regional Inspectorate and DPRD.
Legal Accountability of Local Government in Handling Child Violence Cases Jhohannes H. Situmorang; Andryan
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.751

Abstract

Child violence is an urgent legal issue in Indonesia, including in North Labuhanbatu Regency, which still faces institutional capacity limitations in handling such cases. This study aims to analyze the authority of local governments in handling child violence cases based on applicable legislation, as well as to examine the forms of legal accountability applicable to local governments in cases of negligence or inaction. The research employs a normative juridical method with statutory, case-based, and comparative approaches. Data were obtained from literature studies, legal documents, and interviews with stakeholders in North Labuhanbatu Regency. The findings indicate that local governments possess authority derived from Law Number 23 of 2014 on Regional Government, Law Number 35 of 2014 on Child Protection, and Presidential Regulation Number 101 of 2022 concerning the National Strategy for the Elimination of Violence against Children.However, implementation remains hampered by overlapping regulations, budgetary constraints, and weak inter-agency coordination. Legal accountability of local governments can be constructed through administrative law and civil law mechanisms on the basis of onrechtmatige overheidsdaad. This study concludes that strengthening regional regulations, enhancing institutional capacity, and integrating unified reporting systems are strategic measures for advancing child protection at the local level.
The Challenges of Spreading Disinformation (Hoax) Related to Aviation Safety on Social Media and Efforts to Strengthen the Value of National Unity Hairul Amren S; Ahmad Fakhrizal Pulungan; Daffa Hamonangan Hasibuan; Dicki Azly Asfa; M.Rafi Erwino; Wahyu Kurniawan
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

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Abstract

This study discusses the challenges of spreading disinformation (hoaxes) related to aviation safety on social media and mitigation efforts that at the same time strengthen the value of national unity. The approach used is qualitative-descriptive through literature study, content analysis of hoax narrative patterns, and conceptual analysis to formulate reinforcement strategies. The results of the study show that aviation safety hoaxes are generally in the form of false accident claims, reuse of old content claimed as new events, visual/audio manipulation, conspiracy theories, passenger safety procedural hoaxes, and sheep fighting narratives that trigger stigma. Factors driving the spread include emotional appeal (fear, surprise, anger), pseudo-credibility (expert/insider claims), information vacuum in the early phases of the incident, clickbait economic incentives, and polarization and low trust in institutions. The impact includes safety risks (e.g. following the wrong procedures), public panic and anxiety, decreased trust in regulators and operators, and disruptions to social cohesion that threaten the unity of the nation. Research recommends strengthening fast, accurate, consistent, and empathetic risk communication; digital literacy based on national values; multi-stakeholder collaboration between authorities, platforms, media, communities, and the public; as well as prevention strategies such as prebunking so that the public is better prepared to recognize hoax patterns from the beginning.

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