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Discourse on Law and Society
ISSN : 30896789     EISSN : 30896797     DOI : 10.70062
Core Subject :
Discourse on Law and Society, This journal is intended for the publication of scientific articles published by the International Forum of Researchers and Lecturers. The journal addresses issues such as social justice, human rights, globalization, and legal challenges in different countries. With authors from different academic and professional backgrounds, the journal offers various perspectives on the influence of culture, tradition, and values in the development of global law. Through empirical research, theoretical analysis, and case studies, the journal aims to deepen understanding of the role of law in creating just societies around the world. This journal is published 1 year 4 times (February, May, August, and November).
Arjuna Subject : -
Articles 15 Documents
Analysis of TIP Articles in the Ferienjob Case: The Role of International Institutions and Humanitarian Organizations
Discourse Journal on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i1.6

Abstract

Ferienjobs are part-time jobs done during holiday periods, and are not a form of internship but rather a part of the job market. The Ferienjob case in Germany underlies the application of the Human Trafficking Crime article because this practice is detrimental and violates human rights. The research methodology used is a normative juridical approach. The aim of this research is to determine the elements that underlie the application of the Human Trafficking Crime article in the Ferienjob case as well as the role of international institutions in the issue of human trafficking crimes.
Study Law Plunder Asset Without Sentencing as Alternative Giver Justice for States and Actors Act Criminal Corruption
Discourse Journal on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i1.7

Abstract

Regulated asset confiscation​ in criminal acts of corruption based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. A form of asset confiscation without punishment as an alternative to giving justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and speed up the completion of the Asset Return Law.
The Influence of Social Media Influences Generation Z's Preferences in the 2024 Election
Discourse Journal on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i1.8

Abstract

The main aim of this research is to dissect the influence of social media use on election preferences among Generation Z. By identifying patterns of interaction and exposure to political information through digital platforms, this research provides a sharper understanding of the role of social media in Generation Z. Z's political preferences in the environment. election in 2024. Therefore, it is hoped that this research will provide useful insights for politicians in designing effective and applicable political strategies to reach and understand Generation Z.
The Influence of the CIRC Model on the Motivation and Character of Class XI Students at SMA HKBP 2 Tarutung
Discourse Journal on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i1.9

Abstract

This research aims to investigate the influence of the CIRC (Cooperative Integrated Reading and Composition) Learning Model on the learning motivation and character of class XI students at SMA HKBP 2 Tarutung in the 2022/2023 academic year. The method used is a quantitative approach with an experimental design. Data was collected through a questionnaire that measured the level of learning motivation and student character before and after implementing the learning model. The results of the analysis show that there is a significant increase in learning motivation and student character after implementing the CIRC Model. These findings indicate that the use of collaborative learning models can increase student engagement and form positive character.
Morality in Public Policy and Law Enforcement: Preventing Human Trafficking and Protecting Personal Data in Indonesia's Digital Era
Discourse Journal on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i1.10

Abstract

The role of morality in public policy and law enforcement, especially in relation to human trafficking, is increasingly important in the digital era. This article discusses the complexity of these challenges and strategies to prevent human trafficking and protect personal data in Indonesia. A holistic approach is needed, with law enforcement paying attention to the dimensions of morality, integrity and moral courage in policy formulation. In a digital era filled with technological changes, public policy must be able to adapt to these developments while still maintaining strong moral principles. This demands a high degree of integrity from policymakers and law enforcers to not only comply with technical rules, but also ensure that their actions are driven by the desire to create a fair and safe environment for all individuals. The recommended strategies include increasing border patrols to prevent the entry of illegal immigrants, cross-border cooperation to cut off human trafficking routes, strengthening regulations related to personal data protection, and increasing public awareness about data privacy. It is hoped that cooperation between the government, institutions and society can overcome this challenge to safeguard human rights and national security.
India Vs Pakistan War, Triggering Nuclear War and Its Impact on The Indonesian Economy
Discourse Journal on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i3.80

Abstract

The war between India and Pakistan has had a devastating impact on the economies of both the countries directly involved and those indirectly affected. The economic impacts of this armed conflict include significant infrastructure damage, reduced production capacity, soaring inflation, rising unemployment, and reduced investment flows. This geopolitical instability has also fueled uncertainty in global financial markets, triggering a "flight to safety" phenomenon, a shift in capital and investment to countries or instruments perceived as safer, such as US government bonds or gold. For Indonesia, this situation has the potential to significantly disrupt national economic stability. One impact is a reduction in foreign direct investment (FDI) inflows, as investors tend to hold back or relocate their investments to more geopolitically stable countries. Furthermore, pressure on the rupiah exchange rate could increase due to global financial market volatility and a decline in international investor confidence. The conflict could also hamper Indonesia's export traffic, particularly to countries with close trade ties with India and Pakistan. Furthermore, these tensions could disrupt global supply chains, particularly for energy and food commodities, many of which pass through strategic trade routes. If the conflict drags on, the price of crude oil and other raw materials could potentially rise sharply, which in turn would increase domestic production costs. This would have a direct impact on inflation and public purchasing power. This situation further complicates the management of Indonesia's monetary and fiscal policies, which currently face significant challenges, such as the imminent maturities of large government debt and a still-widening state budget deficit. The government must take strategic steps to maintain domestic economic stability, strengthen foreign exchange reserves, and encourage export market diversification to reduce over-reliance on conflict-prone countries.
The Development of Cybercrime as a Criminal Offense in the Digital Era and Its Impact on Society
Discourse Journal on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i3.81

Abstract

The development of information technology has brought about significant changes in the social, economic, and legal life of global society. On the one hand, digitalization creates efficiency and convenience in various activities, such as financial transactions, communications, and access to information. However, on the other hand, this progress has also given rise to a new form of crime known as cybercrime. Cybercrime differs from conventional crime in that it is committed through electronic systems that can cross national borders and involve a large number of victims. This crime encompasses various forms, such as data hacking, online fraud, and malware distribution. This research aims to examine the development of cybercrime as a form of modern crime in the digital era and to assess the response of Indonesian criminal law to these challenges. The method used is normative legal, with a statutory, conceptual, and case study approach. This research also examines existing regulations, such as Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) and Law Number 27 of 2022 concerning Personal Data Protection, in addressing cybercrime issues. The research results show that although Indonesia has several regulations related to cybercrime, their implementation still faces various obstacles. Some of the main obstacles include suboptimal law enforcement, limited technology and human resources, and low levels of public digital awareness. Therefore, regulatory reform, institutional capacity development, and increasing public digital literacy are essential. This is part of a national strategy to address cybercrime comprehensively and sustainably, in order to create a safer and more trustworthy digital environment.
Juridical Analysis of the Mistargeted Distribution of Subsidized 3-Kilogram LPG Based on Presidential Regulation No. 104 2007 in Kudus Regency
Discourse Journal on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i3.82

Abstract

This research is motivated by the phenomenon of scarcity of 3-kilogram LPG (Liquefied Petroleum Gas) occurring in several sub-districts within Kudus Regency. This scarcity is frequently caused by misdirected distribution, wherein the subsidized gas, which pursuant to Article 3 Paragraph (1) of Presidential Regulation of the Republic of Indonesia Number 104 of 2007, is intended for low-income households and micro-enterprises, is instead accessed by middle-to-upper class individuals and sold at prices exceeding the government-mandated retail price (Harga Eceran Tertinggi/HET). The purpose of this study is to examine the implementation of the aforementioned Presidential Regulation in the distribution of 3-kg LPG within a specific sub-district of Kudus Regency, and to identify the inhibiting factors affecting its execution. This research employs a descriptive qualitative method using a field study approach. Data were collected through observation, in-depth interviews with LPG base outlet operators, sub-district government officials, and subsidy recipient residents, as well as through documentation of policies and distribution reports. The findings indicate that the implementation of the 3-kg LPG distribution policy in the field has not been conducted optimally. Many base outlets continue to sell subsidized LPG to retailers or to non-target consumers for the sake of higher profit margins, compounded by weak regulatory oversight. The impeding factors in policy implementation include: lack of understanding of the regulations by distribution actors, insufficient governmental outreach and socialization efforts, weak oversight and evaluation from Pertamina (the state-owned oil and gas company), and the absence of firm enforcement measures or sanctions against violations, which further exacerbate the problem.
Contractual Relationships and Processes of Business Actors in Government Procurement of Construction Goods and Services from a Civil Law Perspective
Discourse Journal on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i3.90

Abstract

The contractual relationship between government entities (PA/KPA/PPK) and construction service providers in procurement activities is complex, as it intersects with both public and private law. Government procurement contracts for construction projects are often structured through a tender process, where service providers must compete to win the contract. Once the provider is selected, a legal agreement is formed, which regulates the roles, responsibilities, and obligations of the parties involved. This agreement is typically outlined in a contract document that serves as a formal, legally binding commitment. In civil law, such contracts are typically governed by private law principles, which include contracts, obligations, and liabilities. However, the nature of government procurement contracts adds a unique element of public law, particularly administrative and criminal law. The government’s involvement in these contracts introduces a dual legal framework that governs the relationship between the parties. On one hand, the contract is influenced by the state’s regulatory powers and administrative authority, ensuring compliance with legal standards and public interests. On the other hand, it is also subject to private law principles, as the government enters into agreements with construction providers just like any other business transaction. This mixed legal framework (or "mixed law") creates a distinctive legal relationship, where elements of public law, such as administrative regulations and oversight, coexist with private law principles, such as those governing contract enforcement and dispute resolution. The contract, which is a Keputusan Tindakan Administrasi Negara (KTUN), remains a civil law act, despite its public law foundation. This hybrid nature of government contracts ensures that both public and private law aspects are considered in the process, which can sometimes lead to legal complexities and challenges in the implementation and enforcement of these contracts.
Efforts to Handle Lobster Seed Smuggling in West Tanjung Jabung Regency (Law Enforcement Perspective)
Discourse Journal on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v1i3.91

Abstract

Lobster is one of Indonesia's marine resources that has high economic value and is very important for the country's economy, but excessive lobster fishing and smuggling of lobster seeds have caused a decrease in the productivity of marine resources and significant state losses, so effective law enforcement efforts are needed to protect Indonesia's marine resources from these illegal acts. The problem in this study is how the law enforcement by the West Tanjung Jabung Police against the crime of smuggling lobster seeds (Study of Case Register Decision Number: 144 / Pid.Sus / 2023 / Pn Klt), and what factors are the causes. The research method used is normative juridical, a type of legal research that focuses on the analysis and interpretation of legal norms that apply in a legal system. The study shows that the three defendants in the crime of smuggling lobster seeds were sentenced to 2 years in prison and a fine of IDR 5,000,000 based on Article 27 number 26 Article 92 of Law Number 6 of 2023 concerning Job Creation. The factors causing this crime include internal factors (economic and education) and external factors (politics, environment, and lack of security). Suggestions from the study are: Reviewing the lobster seed export policy. Improving coordination between law enforcement officers and community participation. Improving the capacity and competence of law enforcement personnel.

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