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Green Social: International Journal of Law and Civil Affairs
Published by International Forum of Researchers and Lecturers
ISSN : 30630576     EISSN : 30637244     DOI : 10.70062
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
(Green Social: International Journal of Law and Civil Affairs) [e-ISSN : 3063-7244, p-ISSN : 3063-0576] is an open access Journal published by the IFREL (International Forum of Researchers and Lecturers). GreenSocial accepts manuscripts based on empirical research results, new scientific literature review, and comments/ criticism of scientific papers published by GreenSocial. This journal is a means of publication and a place to share research and development work in the field of Law and Civil Affairs. Articles published in GreenSocial are processed fully online. Submitted articles will go through peer review by a qualified international Reviewers. Complete information for article submission and other instructions are available in each issue. GreenSocial publishes 4 (four) issues a year in March, June, September, December, however articles that have been declared accepted will be queued in the In-Press issue before published in the determined time.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 42 Documents
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E-commerce and Consumer Protection Address Challenges in the Beauty Products Sector Tiara Yogi Dwi Amelia; Rina Arum Prastyanti
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.174

Abstract

The rapid development of information technology has significantly driven the growth of e-commerce as one of the main channels in modern commercial activities. In the beauty product sector, digital platforms offer consumers easier access and simultaneously expand market reach for business actors. However, this advancement also brings various challenges, particularly in relation to consumer protection. Common issues include product authenticity, information transparency, transaction security, and dispute resolution mechanisms. In this context, legal protection for consumers has become an urgent matter that cannot be overlooked. This study aims to analyze the forms of legal protection available to consumers of beauty products in e-commerce transactions and to assess the effectiveness of existing regulations in addressing these challenges. Using a normative juridical approach, the study evaluates relevant legislation, such as Law Number 8 of 1999 concerning Consumer Protection, along with other regulations related to electronic transactions. The findings reveal that although legal instruments have been established to safeguard consumer rights, their implementation still encounters obstacles, including limited supervision of online business actors and low consumer literacy regarding their rights. Therefore, efforts are needed to strengthen regulations, improve consumer education, and optimize the roles of supervisory and dispute resolution institutions. In this way, the consumer protection system in the e-commerce sector—particularly for beauty products—can operate more effectively and provide a greater sense of security for the public in conducting digital transactions.
Consumer Rights in the Case of Pertamax Adulteration Dita Kartika Sari Hasibuan; Poppy Wulandari
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.182

Abstract

This research discusses consumer rights in the case of Pertamax adulteration by PT Pertamina Patra Niaga, which involved mixing fuel with substances of lower quality than promised. This case not only economically harms consumers but also endangers user safety and undermines public trust in the products sold by the state-owned company. The research methodology employed is normative legal research with a descriptive-analytical approach, examining the legal aspects related to consumer rights violations and the effectiveness of the implementation of the Consumer Protection Law in resolving disputes. The findings indicate that weak supervision and law enforcement allowed the adulteration practices to occur. Therefore, this research suggests the need for improved oversight by the government and BPH Migas, stricter law enforcement, and consumer education to protect their rights. It is hoped that this research will contribute to the development of consumer protection in Indonesia.
Legal Transformation in the Perspective of Criminology and Victimology as a Victim Protection-Based Crime Prevention Strategy Nanindya Nataningrum; H. Yusep Mulyana
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.183

Abstract

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.
Do Not Dismiss Outsourcing : Provide the Best Solution for the Sake of the Nation Junaedi Junaedi
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.184

Abstract

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.
Legal Ownership of Images Generated by Generative Artificial Intelligence : (A Study of Buying and Selling Transactions on Adobe Stock in Indonesia) Alisya Rahma Saebani; Heru Sugiyono; Muthia Sakti
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.185

Abstract

The development of Artificial Intelligence (AI) technology has led to the creation of various works, including images generated without direct human involvement. One of the platforms that facilitates the buying and selling of AI-generated images is Adobe Stock. However, this raises legal issues regarding ownership status and copyright protection of such images, considering that Indonesia's positive law has not explicitly regulated ownership of works produced by non-human entities. This research aims to examine the legality of ownership over images generated by Generative AI in transactions through Adobe Stock and to analyze its compatibility with the Indonesian legal system. This study uses a normative juridical method with statutory, case, comparative, and conceptual approaches, as well as a literature study relevant to the issues discussed. The results show that under the Indonesian legal system, a work must have a creator who is a legal subject. Therefore, images generated by AI cannot automatically be granted copyright status unless there is significant human intervention in the creation process. In transactions through Adobe Stock, the platform's policy serves as the main reference in determining ownership and legal responsibility over AI-generated images. The legality of AI-generated image ownership in Indonesia remains a gray area and requires regulatory updates to accommodate technological developments. Legal clarity is needed to protect parties involved in AI-based digital transactions and to ensure legal certainty in the protection of creative works.
Legal Synchronization of Bankruptcy Asset Distribution: Prioritizing Workers Over State Taxes (An Analysis of the Constitutional Court Decision No. 67/PUU-XI/2013 Regarding the Position of Workers and State Taxes in Bankruptcy Asset Distribution) Andre Rizaldy; Muthia Sakti; Iwan Erar Joesoef
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.194

Abstract

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.
Directors' Liability and Optimization of Legal Protection for the Shareholder Loan Agreement Between PT ASDP Indonesia Ferry (Persero) and PT Indonesia Ferry Properti Muhammad Fahrudin; Suherman Suherman; Atik Winanti
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.201

Abstract

This research aims to analyze the optimization of legal protection and risk mitigation for PT ASDP Indonesia Ferry (Persero) as the lender in a Shareholder Loan (SHL) Agreement with PT Indonesia Ferry Properti, and to examine the legal implications of the PT ASDP directors' liability in the SHL decision-making process. The research method employed is normative juridical with a literature study approach. The findings indicate that although the SHL execution has procedurally met legal principles and Good Corporate Governance (GCG), the optimization of legal protection for PT ASDP requires the enhancement of more proactive post-disbursement fund supervision clauses and, crucially, the implementation of specific collateral to mitigate credit risk, considering the current agreement is still reactive and lacks specific collateral. Furthermore, the directors of PT ASDP bear responsibilities under Article 97 of the Company Law and the principle of fiduciary duty. The Business Judgment Rule (BJR) doctrine can shield directors from personal liability if decisions are made in good faith, with due care, without conflicts of interest, and accompanied by risk mitigation efforts, wherein the implementation of GCG principles is fundamental. Violations may lead to civil, criminal, or administrative liability. This research concludes the importance of contractual strengthening of the SHL and strict adherence to GCG to protect company assets and directors.
The Principle of Legal Certainty of Registration Motion Marks Based on Law Number 20 of 2016 Concerning Trademarks and Geographical Indications Gema Permana Rahman; Suherman Suherman; Diani Sadiawati
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.202

Abstract

In the development of information and technology, there are motion marks circulating in Indonesia in the trade of goods or services. In fact, the moving brand has not received legal protection because moving brands are not regulated as one of the signs regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications (Trademark Act) so that there is a legal vacuum and a motion marks can not be applied for registration which results in the absence of legal certainty for the community, but other Southeast Asian countries such as Singapore have protected motion marks. It is important to be considered by Indonesia, given the existence of free trade in the Southeast Asian region, namely the ASEAN Free Trade Area (AFTA). This research uses normative juridical research method that analyses the legislation with literature study using comparative and conceptual approaches and analysed with descriptive analytical legal materials. The results of this study found that the regulation of the registration of motion marks in Indonesia is not regulated in the Trademark Act and the trademark registration application does not accommodate the registration of motion marks so that the registration of moving trademarks can not be filed in Indonesia and motion marks also do not get legal protection in Indonesia which results in legal uncertainty. If the motion marks in Indonesia get a legal protection and can be applied for registration, then the Trademark Act should be made changes related to the concept of the definition of trademark, the scope of the protected trademark, and trademark labels in the application for registration of trademarks so that the public get legal certainty related to the registration of motion marks.
Procedure for Transfer of Trademark Rights as a Debt Settlement Measure in Corporate Bankruptcy Proceedings : Case Study of PT. Nyonya Meneer's Bankruptcy Fachri Hafizd Selian; Muthia Sakti; Iwan Erar Joesoef
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.203

Abstract

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.
Quasi Judicial Ombudsman: Measuring Legal Certainty After Constitutional Court Decision No. 62/PUU-VIII/2010 Akhmadi Yasid; Slamet Suhartono; Moh. Zeinudin
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.223

Abstract

This study discusses the legal reconstruction of the authority of the Ombudsman of the Republic of Indonesia (ORI) after the Constitutional Court (MK) Decision Number 62/PUU-VIII/2010, with a focus on advocacy based on pseudo/quasi principles. The Ombudsman, as an independent state institution, plays a role in supervising the implementation of public services to prevent and deal with maladministration. However, the existence of Article 43 of Law Number 37 of 2008 concerning the Ombudsman and the Constitutional Court's decision creates the potential for norm inharmonization that has an impact on the implementation of the Ombudsman's duties. This study analyzes two main things: legal certainty on the authority of the Ombudsman after the Constitutional Court's decision and legal reconstruction to strengthen the supervisory function of public services. The results show that the pseudo/quasi principle allows the Ombudsman to carry out an advocacy function similar to the judiciary, but without full executive power such as the judiciary. Legal certainty is needed to ensure that the Ombudsman's actions remain within the limits of the authority regulated by law. Legal reconstruction is suggested to provide stronger legitimacy to the Ombudsman's authority, including strengthening the recommendation aspect to be more binding and implementive. This reconstruction also includes increasing institutional capacity, coordination between agencies, and strengthening regulations that support supervisory functions that are more responsive to the needs of the community. Thus, this research contributes to the development of public service law, especially related to the role of the Ombudsman in realizing transparent, accountable, and fair services.

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