cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Fatqu Rizki
Contact Email
indexsasi@apji.org
Phone
+6285642100292
Journal Mail Official
indexsasi@apji.org
Editorial Address
Jalan Watunganten 1 No 1-6, Batursari, Mranggen Kab. Demak Jawa Tengah 59567
Location
Kab. demak,
Jawa tengah
INDONESIA
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 21 Documents
 1   2   3 
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.
Implementation of Protection Consumer in The Sale Agreement Buy Online Marketplace Gita Maria Rehulina Sembiring; Adri Sadewa Sirait; Roy Nanda Kesuma; Winda Windari Tarigan; Cherin Yorenta Tarigan; Suci Ramadani
Discourse Journal on Law and Society Vol. 2 No. 1 (2026): 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.v2i1.128

Abstract

The advancement of information technology has rapidly transformed trading patterns in Indonesia, shifting from conventional transactions to online transactions through marketplace platforms. On one hand, this transformation provides convenience and efficiency for both businesses and consumers. On the other hand, it has also given rise to various legal issues, particularly regarding consumer protection. This article aims to examine how legal protection for consumers is implemented in electronic sales agreements on marketplaces, while also identifying the obstacles encountered during its implementation. The study employs a normative juridical approach, using conceptual analysis and legislative review, supplemented by empirical data obtained from interviews. As described, legal protection for consumers in electronic transactions in Indonesia remains suboptimal. Specifically, these challenges include biased law enforcement, low levels of consumer literacy, and ineffective dispute resolution mechanisms. In practice, marketplaces have incorporated consumer protection features such as escrow systems, refund mechanisms, and complaint centers; however, their implementation still suffers from limited transparency and effectiveness. Furthermore, existing regulations are slow to respond to the dynamics of cross-border transactions and ongoing digital innovations. Therefore, comprehensive regulatory reform, stronger enforcement, and enhanced legal and digital literacy among the public are necessary to ensure effective consumer protection.
The Revolution of The Merit System Through Computer-Assisted Testing in The Recruitment of Village Officials in Kendal Regency Murwantoro Murwantoro; Suparno Suparno; Karmanis Karmanis
Discourse Journal on Law and Society Vol. 2 No. 1 (2026): 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.v2i1.129

Abstract

Bureaucratic reform at the village level is a crucial prerequisite for achieving professional, effective, and accountable village governance. One of the key pillars of this reform is the implementation of a merit system in the management of village human resources, particularly in the recruitment and appointment of village officials. In this context, the Computer-Assisted Test (CAT) has emerged as a policy innovation designed to enhance objectivity, transparency, and procedural fairness in the selection of village officials. This study aims to analyse the contribution of CAT implementation to strengthening the merit system and its impact on transforming village social conditions, especially in building public trust in village government. Quantitative data were collected through a survey of village residents and analysed using descriptive statistics, correlation analysis, and multiple linear regression in SPSS. Qualitative data were obtained through in-depth interviews, field observations, and document analysis to elaborate further and explain the quantitative findings. The results indicate that transparency, objectivity, and procedural fairness in the selection process have positive and significant effects on public trust in village government, with procedural fairness emerging as the most influential variable. Qualitative findings confirm that public acceptance of selection outcomes is more strongly influenced by perceptions of fairness and openness in the process than by the selection results themselves. This study concludes that the implementation of CAT functions not only serves as a technical selection instrument but also as an institutional mechanism that helps transform village social relations from patronage-based practices toward merit-based village governance.
Implementation of Good Governance in Inclusive Public Services in Candisari District Semarang City Pamirah Pamirah; Aris Toening W; Permadi Mulajaya
Discourse Journal on Law and Society Vol. 2 No. 1 (2026): 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.v2i1.130

Abstract

This study aims to analyze the implementation of good governance principles in inclusive public services in Candisari District, Semarang City. The study used a descriptive qualitative approach with data collection techniques through questionnaires, interviews, and documentation. Research informants consisted of sub-district officials and community service users, including vulnerable groups. Data analysis was conducted through the stages of data reduction, data presentation, and conclusion drawing. The results of the study indicate that the implementation of good governance principles in Candisari District has begun, but has not been running optimally. The principle of transparency has been attempted through the provision of service information and the use of digital media, but accessibility of information for vulnerable groups is still limited. The principle of accountability has not been fully realized, as indicated by the less than optimal performance of the Women and Children Protection Task Force (Satgas PPA) in carrying out its duties and the less than optimal inclusive public complaint mechanism. From the aspect of participation, community involvement, especially vulnerable groups, in the planning and decision-making process is still limited and unstructured. In addition, legal certainty and regional security stability are relatively conducive, but still require institutional strengthening and synergy between stakeholders. This study concludes that the implementation of good governance in Candisari District still faces institutional, participation, and service accessibility constraints, so a strategy is needed to strengthen governance to realize inclusive and sustainable public services.
Archives as Agents of Change in Digital Transformation: Archives as a Catalyst For Bureaucratic Reform in The Era of Digital Government Yolanda Maria Osok; Suparno Suparno; Tri Lestari Hadiati
Discourse Journal on Law and Society Vol. 2 No. 1 (2026): 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.v2i1.134

Abstract

This research aims to analyse the role of archives as agents of change in the digital transformation of archives and as catalysts for bureaucratic reform in the era of digital government at the Sorong City Regional Secretariat. The research used a mixed-methods approach, combining a quantitative survey of 30 respondents with in-depth interviews with five key informants, and analysed the data using correlation statistics and thematic analysis. The study's results show that the digital transformation of archives is closely linked to bureaucratic reform and digital governance, and qualitative findings confirm that digitisation improves administrative efficiency, data integration, and organisational accountability. The research highlights the importance of strengthening technological infrastructure, integrating information systems, and improving the competence of the apparatus as prerequisites for the success of the digital transformation of archives. This study has limitations in its scope, involving only one local government agency and a relatively small number of respondents. Therefore, further research is recommended to broaden the scope, incorporate public service quality variables, and use a longitudinal design to examine the long-term impact of archive digitisation on the performance of bureaucratic reform and digital governance more comprehensively. These findings also provide practical contributions for local governments in designing integrated, sustainable electronic archive management policies that support effective, transparent, and responsive public services to meet the needs of modern society in the future, as well as strengthening data-driven governance.  
Application of Legal Sanctions Against Perpetrators of Social Media Account Theft Based on the Law on Information and Electronic Transactions Marsa Zahirah Badzlin; Kayla Putri Adnin; Jose Mikha Sembiring; Jessica Cristiana Siahaan; Suci Ramadani
Discourse Journal on Law and Society Vol. 2 No. 1 (2026): 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.v2i1.137

Abstract

The swift advancement of information technology has greatly influenced society, while also raising the threat of cybercrime. These offenses encompass the theft of social media accounts, unauthorized access to online information, and breaches of personal data security. This research intends to explore various types of cybercrime in Indonesia, the legal measures in place, and the obstacles law enforcement encounters when proving cybercrime incidents. The study adopts a qualitative method by reviewing literature, which includes laws, court rulings, academic articles, and reports from pertinent organizations. The findings reveal that even though laws like the Electronic Information and Transactions Law and the Personal Data Protection Law establish a legal framework, there are still issues related to digital evidence, coordination between agencies, and the public's understanding of data security. Consequently, there is a need for a more thorough law enforcement approach, enhanced digital education, and collaborative efforts among the government, law enforcement agencies, and the community to effectively combat and manage cybercrime.

Page 2 of 3 | Total Record : 21

 1   2   3 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 1 (2026): February: Discourse on Law and Society Vol. 1 No. 4 (2025): November : Discourse on Law and Society Vol. 1 No. 3 (2025): August : Discourse on Law and Society Vol. 1 No. 1 (2025): February : Discourse on Law and Society