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Genesis Law and Social Sciences
Published by PT. Graha Primera Saintifika
ISSN : -     EISSN : 31089054     DOI : https://doi.org/10.61975/glass
Core Subject :
Genesis Law and Social Sciences (GLASS) is dedicated to providing a dynamic and inclusive platform for researchers, scholars, and professionals to exchange groundbreaking ideas, theoretical advancements, and empirical research in the diverse and evolving fields of social sciences. The journal fosters interdisciplinary dialogue and critical engagement across various domains, promoting research that addresses contemporary societal challenges, policy developments, and human interactions: Law and Legal Studies, Notarial Law, Sociology and Anthropology, Political Science and Public Administration, Education and Pedagogy, Psychology and Behavioral Sciences, Media and Communication Studies, Criminology and Social Justice, Gender and Diversity Studies, Environmental and Social Sustainability, Interdisciplinary and Emerging Research
Arjuna Subject : -
Articles 15 Documents
 1   2 
Safeguarding Creator’s Moral Rights: Unauthorized Color Alterations to the 5-Junction Roundabout Monument Design in Banda Aceh, Indonesia Ghadamfar Muflih Idroes; Sri Walny Rahayu
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.74

Abstract

Moral rights are inherent and non-transferable rights of creators, safeguarding the integrity of their work and their honour or reputation. In 2019, the color of 5-Junction Roundabout Monument in Banda Aceh was repainted without authorization, violating the creators’ moral rights. This study investigates the legal implications of this violation, focusing on the unauthorized colour change of the 5-Junction Roundabout Monument. Using a sociological juridical method and qualitative analysis, it explores the challenges in protecting moral rights for architectural works in Indonesia. The findings show that, despite legal provisions under Article 112 of the Copyright Law, enforcement is hindered by low awareness, weak legal culture, and inefficient systems. The creators have not taken legal action due to limited understanding of their rights. The study recommends that stronger enforcement, increased education, and copyright registration are essential to safeguard creators’ moral rights.
The Implementation of Electronic Evidence Presentation in Civil Proceedings Muzammil Siddiqi; Ilyas Ilyas
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.78

Abstract

As judicial systems increasingly adopt digital technologies, Indonesia’s Supreme Court has introduced e-litigation to streamline court procedures, including the presentation of electronic evidence in civil cases. This study investigates how electronic evidence is implemented at the Banda Aceh District Court, based on Supreme Court Regulation No. 1 of 2019. The regulation requires parties to submit documentary evidence through an e-court system and permits the examination of witnesses or experts via teleconference. Although the implementation complies with legal provisions, it faces several challenges. These include a lack of detailed procedural guidance, leading to legal uncertainty, and practical issues such as unreliable internet connectivity and limited user familiarity with digital systems. In response, the court has undertaken efforts such as upgrading network infrastructure and conducting training programs. The study concludes by recommending clearer procedural standards and enhanced technological and human resource support to improve the effectiveness of electronic evidence presentation in civil proceedings.
Comparison of the Helsinki MoU 2005 and the Final Peace Agreement 1996: A Case Study of Aceh, Indonesia and Mindanao, Philippines Mohammad Rafsanjani Akbar; Jamaluddin Jamaluddin
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.79

Abstract

Separatist conflicts in Southeast Asia, particularly in Aceh and Mindanao, have posed enduring challenges to national integration and regional peace. This study examines and compares the Helsinki Memorandum of Understanding (2005) and the Final Peace Agreement (1996) as frameworks for resolving these long-standing insurgencies in Indonesia and the Philippines. While both agreements aimed to establish autonomy and end armed conflict, their implementation and outcomes diverged significantly. Employing a qualitative comparative case study approach, the research analyzes legal texts, policy documents, and scholarly literature across five key dimensions: legal legitimacy, political participation, fiscal autonomy, security arrangements, and socio-economic impact. The findings indicate that the Helsinki MoU achieved more durable peace through comprehensive legal integration, inclusive governance, and stable fiscal mechanisms. In contrast, the FPA was hampered by weak institutional support, exclusion of critical stakeholders, and financial dependency, leading to continued unrest and eventual renegotiation. These results highlight the necessity of legally grounded, inclusive, and well-resourced agreements in achieving sustainable conflict resolution.
Reinterpreting the Principle of Tabellionis Officium Fideliter Exercebo in Notarial Practice in the Digital Era of Society 5.0 Ghadamfar Muflih Idroes
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.82

Abstract

The rise of Society 5.0 has driven significant technological transformations across various sectors, necessitating the adaptation of traditional legal principles to contemporary digital practices. This study examines the reinterpretation of the principle Tabellionis Officium Fideliter Exercebo in Indonesia’s notarial practice within the digital context of Society 5.0. Employing a normative juridical approach, the research explores how emerging digital technologies, including electronic signatures, teleconferencing, blockchain, and biometric authentication, can fulfill traditional legal requirements of authenticity, integrity, and physical presence in notarial acts. Although Indonesia’s current legal framework poses challenges to fully digital implementations, the analysis suggests that adaptive regulatory reforms could enable a hybrid notarial model. Such a model integrates traditional safeguards with technological innovations, enhancing legal certainty, accessibility, and inclusivity. Ultimately, this research advocates regulatory updates that maintain core notarial values while meeting modern societal expectations for efficient, trustworthy, and accessible legal services.
Post-Conflict Reintegration and Special Autonomy in Indonesia: Evaluating the Implementation of Law Number 11 of 2006 and the Role of the Aceh Reintegration Board in Achieving Peace in Aceh Jamaluddin Jamaluddin; Ghazi Ahmad Tijani
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.83

Abstract

Evaluating the implementation of Indonesia’s Law Number 11 of 2006 on the Governance of Aceh and the role of the Aceh Reintegration Board (BRA) in advancing post-conflict reintegration and sustainable peace. Drawing on a qualitative methodology that includes normative legal analysis, document review, and semi-structured interviews with stakeholders, the study examines how legal frameworks and institutional mechanisms translate into practice. Findings reveal that while the BRA has made progress in reintegration through land redistribution and the introduction of digital platforms like SIBRA Online and E-Proposal, its efforts have been hindered by institutional fragmentation, resource constraints, and limited responsiveness to local needs. The shift from individual to shared land ownership models illustrates both policy adaptation and structural limitations. The study contributes to peacebuilding literature by highlighting the interplay between legal mandates and ground-level implementation, underscoring the need for participatory governance and long-term socioeconomic support in post-conflict settings.
Analysis of Notaries As Public Officials Who Have Been Declared Bankrupt from the Perspective of Notarial Law Fajri Yandi; Teuku Abdurrahman; Sri Walny Rahayu
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.89

Abstract

Notaries play an important role in the Indonesian legal system, but the Notary Law does not regulate the dismissal of a Notary due to bankruptcy. This ambiguity gives rise to multiple legal interpretations regarding whether a Notary appointed by the State can be dishonorably dismissed in the context of bankruptcy. This study aims to analyze the interpretation of the dismissal of a Notary who is declared bankrupt and its legal consequences for the Notary's authority. The method used is normative juridical legal research with a conceptual, legislative, and analytical approach. The study results indicate that the provisions in Article 9 paragraph (1) and Article 12 letter a of the Notary Law give rise to legal uncertainty and are contrary to the principle of justice because bankruptcy is a civil matter and is not always related to violations of job ethics. This study suggests revising and eliminating these articles to overcome multiple interpretations, ensure fair legal protection for Notaries, and maintain the dignity of the Notary's position in the Indonesian legal system.
The Role of the Notary in Drafting Authentic Deeds for Syndicated Financing at Sharia Rural Bank Harta Insan Karimah Parahyangan, Indonesia Ghadamfar Muflih Idroes; Yanis Rinaldi; Ika Susilawati
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.96

Abstract

Sharia syndicated financing refers to the distribution of a large amount of funds by several financial institutions to a single debtor, involving many parties and complex agreements. In this arrangement, the notary plays a vital role as the official authorized to draw up authentic deeds in order to guarantee legal certainty and legal protection. However, explicit regulations are lacking concerning the role, authority, and responsibilities of notaries, particularly in syndications between Islamic Financial Institutions and conventional financial institutions. Existing regulations remain general and do not specifically address the execution of notarial duties in such contexts, leading to potential invalidity of deeds and increased risks of legal liability. This study aims to explain the role of the notary in drafting authentic deeds for syndicated financing at PT. BPRS Harta Insan Karimah Parahyangan and to identify obstacles and solutions in its practice. The research adopts a juridical-empirical method with a statutory approach, employing literature review and interviews. The results show that the notary not only drafts the deed, but also serves as a legal advisor and formulates the structure of agreements in accordance with positive law and Sharia principles. The obstacles encountered include the need for Sharia certification, the complexity of documents, time and human resource constraints. Solutions include enhancing notarial competence, applying prudential principles, and improving the quality of human resources. It is recommended that the government formulate a national guideline for Sharia syndicated financing and that notaries continue to develop their expertise in this field.
Legal Consequences of the Transfer of Undivided Joint Property on the Validity of the Deed Made by the Land Deed Official (PPAT) Putri Safira; Darmawan; Novi Sriwahyuni
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.99

Abstract

This study analyses the legal consequences of the transfer of undivided marital property on the validity of a sale and purchase deed made by a Land Deed Official (PPAT). The research focuses on the legal implications arising when one party in a marriage transfers joint property without the consent of the other spouse. Using a normative and empirical juridical approach, this paper examines statutory provisions, legal doctrines, and judicial precedents, including the Decision of the Banda Aceh Sharia Court No. 185/Pdt.G/2021/MS.Bna. The findings reveal that any transfer of joint property conducted without mutual consent violates Article 36 of Law No. 1 of 1974 on Marriage and Article 92 of the Compilation of Islamic Law (KHI), rendering the resulting PPAT deed legally invalid and void by law. Moreover, the PPAT may be held civilly, administratively, and ethically responsible for negligence in verifying the legal status of the property. This study highlights the importance of legal certainty and professional accountability in land registration and transfer processes to protect the rights of all parties involved.
Awareness and Stigma Toward Visible and Invisible Disabilities in Banda Aceh, Indonesia: A Sociological and Policy Analysis Cut Nyak Salsabila; Niswah As Sayuthi; Athaya Rumaisha
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.102

Abstract

Public understanding of disability in Banda Aceh continues to rely heavily on visible physical markers, resulting in limited recognition of invisible disabilities. This study examines public awareness, stigma, and institutional readiness using a qualitative sociological approach supported by descriptive survey data. A total of 50 respondents completed online/offline surveys, complemented by semi-structured interviews with policymakers, educators, and community actors, as well as policy document review and limited observations. Findings show a sharp awareness gap: while most respondents (94%) were familiar with disability in general, only 22% recognized that disabilities can be non-visible. Neurodiverse behaviours were frequently interpreted as issues of discipline, parenting, or spiritual disturbance rather than developmental differences, reflecting culturally rooted stigma. Institutional readiness was also low. Only 20% perceived public services as inclusive, and just 18% believed frontline staff understood invisible disabilities. Interviews revealed that although Qanun Aceh No. 2/2025 provides a legal foundation, it lacks operational guidelines and disability-disaggregated data, limiting effective implementation. Overall, the study identifies substantial gaps in public understanding, persistent stigma, and inadequate institutional preparedness. Improved disability literacy, clearer regulations, and strengthened cross-sector capacity are essential to advancing inclusion for individuals with invisible disabilities in Banda Aceh.
The Urgency of Regulating Air Rights and Transfer of Development Rights (TDR) in Indonesia’s Land Law System: A Jakarta Case Study Mohammad Rafsanjani Akbar; Ghazi Ahmad Tijani
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.104

Abstract

Jakarta faces severe land constraints due to its high population density (over 14,000 people per sq km). This pressure has driven vertical development and innovative urban projects, highlighting the urgency for clear legal frameworks on air rights and Transfer of Development Rights (TDR). Air rights refer to the ability to use or develop the space above land, while TDR is a planning tool allowing the transfer of unused building potential from one parcel to another. Currently, Indonesia’s land law system lacks explicit regulations for these concepts, creating legal uncertainties and limiting urban planners’ flexibility. This research examines the need for formalizing air rights and TDR in Indonesian agrarian law, using Jakarta as a case study. A comparative analysis with practices in the United States and Singapore is conducted to glean insights into how robust air rights and TDR regimes can guide sustainable urban growth. Findings indicate a significant regulatory gap: existing laws (e.g., Basic Agrarian Law of 1960) do not accommodate separate airspace utilization or development rights trading. International examples demonstrate that well-regulated air rights and TDR mechanisms help preserve essential spaces (farmland, heritage sites) while promoting strategic densification. The study concludes with recommendations (ius constituendum) for Indonesian legal reforms to integrate air rights and TDR, ensuring Jakarta and other cities can optimize vertical space and direct development in a controlled, equitable manner.

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