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Discourse on Law and Society
Published by International Forum of Researchers and Lecturers
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
 1   2 
The Effectiveness of Court Decisions in Imposing Sentences on Corruptors in Indonesia: Justice and Deterrence Analysis
Discourse Journal on Law and Society Vol. 1 No. 4 (2025): November : 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.v1i4.104

Abstract

Corruption continues to be one of Indonesia’s most severe criminal issues, generating substantial financial losses for the state and obstructing the country’s development efforts. Judicial rulings in corruption cases therefore play a vital role in supporting anti-corruption initiatives, both in terms of ensuring fairness and creating a strong deterrent effect. This study evaluates how effective court decisions are in sentencing corruptors in Indonesia by analyzing justice and deterrence dimensions through a socio-legal research approach supported by descriptive analysis. The findings indicate that the effectiveness of judicial decisions remains limited due to disparities in sentencing, lenient punishments that fail to reflect a sense of justice, and the influence of various legal as well as extralegal factors. These issues weaken the credibility of the judicial process and reduce the intended preventive impact of court-imposed sanctions. To enhance effectiveness, the study highlights the need for comprehensive reforms, including clearer sentencing guidelines, improved law enforcement capabilities, and stronger oversight mechanisms to ensure accountability. Overall, this research enhances understanding of the structural challenges within Indonesia’s anti-corruption justice system and proposes recommendations aimed at reinforcing the deterrent value of court decisions through sentencing practices that are more consistent, proportionate, and aligned with the severity of corruption offenses.
Legal Review of Consumer Protection for Illegal Cosmetic Products in Electronic Trade According to Law Number 8 of 1999 Concerning Consumer Protection
Discourse Journal on Law and Society Vol. 1 No. 4 (2025): November : 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.v1i4.111

Abstract

This study discusses consumer protection in the circulation of illegal cosmetic products through electronic commerce systems, focusing on the implementation of Law Number 8 of 1999 concerning Consumer Protection. The main problems of the research include legal regulations related to illegal cosmetics, legal provisions regarding electronic commerce, and consumer protection mechanisms against the circulation of illegal cosmetics on e-commerce platforms. This study uses a qualitative method with a normative legal research approach through literature studies, which involves primary, secondary, and tertiary data sources. The results of the study show that cosmetic distribution permits are regulated in the Regulation of the Food and Drug Supervisory Agency Number 12 of 2023 concerning the Supervision of the Manufacture and Circulation of Cosmetics. In electronic commerce, transactions occur electronically between sellers and buyers by involving a third party as the platform provider. Dispute resolution between consumers and business actors is regulated in the Consumer Protection Law through two channels, namely litigation and out-of-court dispute resolution. The research concluded that every cosmetic in circulation must have a distribution permit in the form of a BPOM Notification, and business actors are responsible for providing compensation in the form of refunds or product replacements. The research recommendations emphasize the importance of consumer prudence, honesty of business actors, and the government's firmness in handling consumer problems.
Transformation of the Prosecutor's Office: A Normative Institutional Study Towards the Attorney General and Supreme Legal Advisor
Discourse Journal on Law and Society Vol. 1 No. 4 (2025): November : 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.v1i4.115

Abstract

The Prosecutor's Office of the Republic of Indonesia (Kejaksaan RI) is currently undergoing a significant paradigmatic shift following the enactment of Law No. 11 of 2021. While historically viewed primarily as a prosecution agency (Dominus Litis) in criminal matters, the current legal landscape demands a stronger role in Civil and State Administrative Law (Datun). However, the institutionalization of the Attorney General as the "Supreme Legal Advisor" to the government remains suboptimal, often overshadowed by its repressive functions. This normative ambiguity hinders the state's ability to receive unified and binding legal opinions. This study aims to analyze the normative basis for this transformation and proposes an institutional framework to establish the Attorney General as the sole authority for state legal counsel. The research employs a normative juridical method with statutory and comparative approaches, analyzing the new Prosecutor's Law and comparing it with the Solliciteur-Generaal concept in other jurisdictions. The study finds that the 2021 amendment provides the necessary legal standing for this transformation, but it requires a competency upgrade for prosecutors to handle complex non-litigation issues. Strengthening the Attorney General's role as the Supreme Legal Advisor is essential to ensure legal certainty in government policies and prevent state financial losses.
Formulation of Criminal Law System Policy in the Settlement of Compensation for Corruption Crimes
Discourse Journal on Law and Society Vol. 1 No. 4 (2025): November : 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.v1i4.116

Abstract

Corruption in Indonesia is not merely a moral transgression but an extraordinary economic crime that depletes national resources. The ultimate objective of corruption eradication, therefore, must be the restoration of state financial losses (asset recovery).  However, the current formulation of the criminal law system specifically Article 18 of Law No. 31 of 1999 contains a critical policy flaw. The provision of "Subsidiary Imprisonment" (Pidana Pengganti) allows convicts to substitute their financial restitution obligations with a disproportionately short prison term. This mechanism inadvertently provides an economic incentive for corruptors to conceal assets and choose imprisonment, resulting in significant state revenue loss. This study aims to critique the current penal policy formulation and propose a comprehensive reformulation of the compensation system. The research employs a normative-juridical method with a statutory and conceptual approach, utilizing the "Economic Analysis of Law" theory to evaluate the efficiency of sanctions. The study argues that the penal policy must shift from a "person-based" approach (in personam) to an "asset-based" approach (in rem). It is imperative to abolish the subsidiary imprisonment option for high-value corruption and implement "Non-Conviction Based Forfeiture" to maximize the recovery of state losses. Furthermore, this policy shift requires law enforcers with high-level cognitive skills to trace complex financial trails.
Recovery of Assets From Perpetrators of Corruption to Maximize Recovery of State Losses
Discourse Journal on Law and Society Vol. 1 No. 4 (2025): November : 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.v1i4.117

Abstract

Legal certainty (rechtssicherheit) is a fundamental pillar of the rule of law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the owner of the case), determining which cases proceed to court. However, the implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and professional discretion. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.

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