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Oni Haru Halamat; Dedy R. Ch. Manafe; Sigit Prabowo Soinbait

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The Indonesian National Army as a member of the Indonesian National Guard is at the forefront of Indonesia in the eyes of the public as an example and role model in discipline, ethics, and compliance with the law. However, in the reality of daily life, there are still TNI soldiers who commit traffic violations, such as driving a vehicle without having a Driver's License (SIM). This research includes empirical juridical research, or called field research, which examines the applicable legal provisions and compares them with the reality that occurs in society. The research method used was in the form of interviews with five relevant sources, then the data was analyzed descriptive-qualitatively to provide a comprehensive understanding. The results of the study showed that (1) law enforcement against TNI soldiers who committed traffic violations without a driver's license was checked according to the procedure of the rapid inspection event; no long inspection minutes are required, it is enough to use the minutes of traffic violations and road transportation or tickets from the military police; (2) Sanctions applied for minor traffic violations in the form of administrative disciplinary sanctions, including criminal prosecution of fines paid to military authorities and deposited into the state treasury. This reflects the balance between legal compliance and internal discipline of the TNI, as well as efforts to develop soldiers so that they remain an example for the community.

Christina Basanova Sidabalok; Miranda Risang Ayu Palar; Helitha Novianty Muchtar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.

Rian Fikri Teguh Imanto; April Laksana; Putri Handayani; Achmad Nashrudin Priatna; Arfian Suryasuciramdhan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Standard Operating Procedures (SOPs) play a crucial role in creating consistency, efficiency, and accountability in governance. However, the process of developing SOPs within the bureaucracy often faces complex organizational communication challenges. This study aims to analyze the organizational communication process in developing SOPs at the Serang City Regional Inspectorate, focusing on the role of the Secretariat as the administrative coordination center. The method used was a qualitative case study approach, involving in-depth interviews with key informants, observation, and documentation analysis. The results indicate that organizational communication plays a crucial role in every stage of SOP development, from data collection and drafting, to cross-sector coordination, and document finalization. The Secretariat acts as a liaison between units, archives manager, and coordination meeting facilitator. However, obstacles identified include a top-down vertical communication pattern, differing perceptions between units, delays in information flow due to bureaucracy, and limited technology-based communication tools. Improvements were made through the establishment of cross-unit forums, communication training, and the use of online applications to strengthen two-way communication. The implications of this research indicate that increasing the effectiveness of organizational communication is a key factor in accelerating the process of preparing SOPs and supporting the creation of more responsive, efficient, and accountable governance.

Michael Dolf Lailossa; Parbuntian Sinaga; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the application of the ultra petita principle in decisions of the Constitutional Court of the Republic of Indonesia, focusing on the case study of Decision Number 90/PUU-XXI/2023. The ultra petita principle is classically understood as a prohibition for judges to rule beyond what is explicitly requested by the parties to the case. However, in practice, the Constitutional Court often uses this principle flexibly to ensure substantive justice and the effective protection of citizens' constitutional rights. This shows how constitutional adjudication in Indonesia tends to prioritize substantive justice over procedural limitations. This thesis aims to analyze the legal basis used by the Constitutional Court when deciding ultra petita cases, while also examining the resulting legal implications for the administrative system of lawmaking in Indonesia. Using a normative legal approach, this study finds that the Constitutional Court positions itself as the sole interpreter of the constitution with progressive authority. In this sense, the Court's decisions may expand its role beyond the traditional boundaries of judicial authority. However, the Constitutional Court's ultra petita practice has the potential to raise concerns about judicial overreach. Ultra petita decisions not only resolve constitutional disputes but also have the potential to create new legal norms that can directly influence the legislative process and even change the structure of national law. Such outcomes raise the question of how to maintain a balance between judicial activism and legislative supremacy. Therefore, it is crucial to establish clear legal boundaries to ensure the Court remains within the constitutional framework, upholds the principle of checks and balances, and prevents conflicts of authority between branches of state power. Therefore, this research contributes to the academic understanding of the dynamics of the Constitutional Court's authority and the urgency of strengthening the rules of the game in maintaining harmony in the Indonesian state system.

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Abdul Madjid Podungge; Fadel Ilato; Rizki Ayundari Putri

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Civil servants play a crucial role in governance and development to achieve the national goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Civil servants (PNS) are the primary foundation for the implementation of the Indonesian government system, as they implement public policy and provide public services. Their integrity, competence, and legal status significantly determine the quality of government bureaucracy. This study aims to determine the role of the Regional Civil Service Agency (BKD) in handling cases involving civil servants using fake diplomas during recruitment or promotion. The approach used is normative juridical, reviewing existing regulations, such as Law Number 5 of 2014 concerning the State Civil Apparatus, Government Regulations, and other technical regulations. Data were also obtained through interviews with BKD officials and analysis of relevant case documentation. The results of the study indicate that in practice, there is still a discrepancy between established legal procedures and their implementation in the field. Several cases indicate that administrative sanctions or termination of civil servants found to have used fake diplomas have not been fully based on proper verification and sanction mechanisms. This raises doubts about the validity of decisions and has the potential to undermine public trust in government institutions. This study emphasizes the importance of enforcing administrative discipline and improving internal oversight systems, as well as the need for stricter and more coordinated regulations between central and regional agencies to ensure that every administrative action has a valid legal basis. Implementing the principles of accountability and transparency in personnel management must be a priority to create a clean and professional bureaucracy.

Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  

Arhaj, Muhammad Fiqhri; Nasibah, Asri Aryanti; Aisyah, Siti Nur; Ajijah Nugraha, Nabila Zahran; Putri, Melva Adinda +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

Stephania Wulan Olgariani; Kotan Y. Stefanus; Rafael Rape Tupen

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Article 1 point 5 of Law Number 6 of 2014 defines a village as a legal community unit with the right to its origin. In its implementation, the village government may facilitate the establishment of traditional village institutions (LAD), which function to preserve customs and serve as partners in village governance. Todo Village in Manggarai Regency continues to uphold its traditional values through a functioning customary institution that plays a role as a stakeholder. However, modernization often creates tension between traditional values and modern societal demands. This research is a normative legal study supported by empirical data. The data were analyzed using a juridical-descriptive qualitative method, obtained through field research and other sources.The findings show that the traditional institution in Todo Village has adopted a more modern and administrative structure without losing its core functions in preserving local customs. It maintains a constructive partnership with the village government while each operates independently. Strengthening efforts include providing infrastructure, allocating village funds for traditional house maintenance, and establishing customary organizations to support development. However, challenges remain, especially due to the lack of specific regulations and the fact that Todo has not yet been officially designated as a customary village.

Muhammad Alvin Dewantoro; Daniel Billy Pratama; Aldhoni Putra Pradhana; Awwal Dyan Maulia; Synthia Aileen Firdausi Athallah W

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Managing budgets in public institutions is not merely a matter of calculating numbers, but also about ensuring that every rupiah spent generates a tangible impact on society. As public needs continue to grow, the Department of Population and Civil Registration (Disdukcapil) of Surabaya faces significant challenges in providing administrative services that are fast, accurate, and transparent. In this context, internal audits play a strategic role not only as tools for correcting errors, but also in ensuring that budget management is carried out wisely and effectively. This study aims to examine the role of internal audits in the budget management of Disdukcapil and their contribution to improving the quality of public services. Using a descriptive qualitative approach, data were collected through documentation, interviews, and literature review. The findings are expected to provide a comprehensive overview of the relationship between internal oversight and the quality of public services in Surabaya.

Bemby Navita; Rosita Adelia Putri; Nabila Raihana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Compliance in paying taxes is a crucial element in maintaining the stability and sustainability of state revenues. Taxes as the main source of state financing require active participation from every Taxpayer in fulfilling their obligations. However, in practice, there are still many Taxpayers who experience obstacles in fulfilling these obligations, resulting in tax debt. This article aims to identify the types of tax debts that commonly occur in Indonesia and to analyze the legal and administrative consequences that can arise due to negligence or non-compliance in implementing tax obligations. This study uses a qualitative descriptive approach, by describing in detail the factual conditions based on secondary data and literature reviews. The results of the study indicate that tax debts can arise in various forms, including underpayment, late payment, or debts arising from audit results. The consequences faced by Taxpayers due to tax debts can be in the form of administrative sanctions such as interest, fines, and increases, as well as potential criminal sanctions if elements of intent or tax crimes are found. The conclusion of this article emphasizes the importance of understanding, awareness, and compliance of Taxpayers to avoid legal risks and financial burdens due to tax debts. The recommendations provided include the need to improve tax education for Taxpayers and optimize the role of tax authorities in providing guidance, supervision, and law enforcement proportionally.

M. Harry Mulya Zein; Ardyansyah Wijaya; Sisca Septiani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the performance of the Banjarbaru City Personnel and Human Resources Development Agency (BKPSDM) in the recruitment of Government Employees with Work Agreements (PPPK). Using a qualitative approach with descriptive methods, this study evaluates performance based on five indicators: productivity, service quality, responsiveness, responsibility, and accountability. The results show that although BKPSDM has implemented a merit-based recruitment system through Computer Assisted Test (CAT), several challenges are still faced, such as technical constraints in the online system, limited formation quotas, and applicants' lack of understanding of administrative requirements. The research also identified supporting factors such as the regulatory framework, technology implementation, and the active role of BKPSDM in providing clear information to applicants. Recommendations include strengthening technological infrastructure, expanding socialization, optimizing complaint mechanisms, and proposing additional formation quotas to match regional needs.  

Antonius Candra Mudakh; Debi F. Ng Fallo; Rudepel Petrus Leo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.

Tagor Aruan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines the strengthening of the ultimum remedium principle in handling corporate crimes as part of a more proportional, efficient, and equitable criminal justice system reform. The ultimum remedium principle views criminal law as a last resort, used after other legal mechanisms, such as administrative resolution, mediation, or administrative sanctions, are deemed inadequate. The application of this principle becomes increasingly important in the corporate context to prevent the negative impact of repressive punishment on business entities that play a strategic role in the national economy. The significant impact of corporations on society and the economy necessitates a more careful and prudent approach to handling corporate crimes. This study uses a normative juridical method with statutory, conceptual, and case study approaches. In analyzing the application of the ultimum remedium principle, this study identifies that although this principle has been incorporated into several laws and regulations, its implementation remains weak. Factors contributing to this include limited understanding of the principle among law enforcement officials, suboptimal technical guidelines regarding the application of the ultimum remedium principle, and public pressure that tends to encourage a repressive approach in handling corporate crimes. Therefore, this study recommends strengthening regulations, increasing the capacity of law enforcement officials, and developing integrated guidelines to ensure the consistent and effective application of the ultimum remedium principle in handling corporate crimes. The application of this principle is also in line with the restorative justice approach, which aims to provide more humane and corrective punishment and create sustainable change for corporations and society.  

Mutiara Gita Cahyani; Rahmania Ramadhani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Corruption is an act of misappropriation or abuse that can harm the state for personal gain. Corruption is the enemy of society because it is carried out by people who are irresponsible and this robs people of their rights. This research discusses how the government authority over corrupt practices in state administrative law and the role of state administrative law in efforts to prevent corrupt practices in government. The type of this research is normative jurdicial research with a descriptive approach. The secondary data sources in this research are observations in books, articles, journals, and other documents. Validation of this data using source triangulation techniques, and analyzed with inductive qualitative techniques. This research concludes that government authority is closely related to state administrative law because this law plays an important role in realizing good and clean governance, especially from corruption. The government can create an authority by implementing a closed system policy. To prevent the entry of outsiders and help strengthen government regulation. The role of state administrative law in corruption practices can be in the form of optimizing leadership, improving administration, increasing the integrity and synergy of the bureaucracy, as well as strengthening legal awareness regarding corruption in the community.