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Cipto Hardoyo; Cecep Suhardiman

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

Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

Aura Kalisha; Maidir Riwanto; Dony Giatman; Parningotan Malau

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

The abuse of authority by public officials within Indonesia’s governmental administration has become an increasingly urgent issue to address. Such misconduct undermines the fundamental principles of good governance  including transparency, accountability, and justice which are essential for ensuring efficient and effective government operations. This study aims to conduct an in-depth analysis of the forms of abuse of authority by public officials, the factors influencing such behavior, and its impact on the effectiveness of governance and public trust. The research employs a normative approach with a prescriptive legal method, analyzing legislation related to the abuse of authority as well as a case-based approach to explore the implementation of authority by public officials in governmental practice.The findings indicate that abuse of authority may occur in various forms, such as exceeding the limits of granted power, conflating different authorities, or acting arbitrarily for personal or group interests  all of which contradict the principle of legality governing governmental actions. Moreover, such practices negatively affect the quality of public services and tarnish the image of governmental institutions. The study also finds that although Law No. 30 of 2014 on Government Administration provides a clear legal framework, its implementation remains hindered by weak internal and external oversight systems. Therefore, this research recommends strengthening more effective supervision mechanisms, enhancing transparency in administrative decision-making processes, and involving the public in monitoring efforts to ensure that public officials exercise their authority in accordance with established objectives in pursuit of a clean and just government.

Diana Lianti; Siti Kotijah; Rahmawati Al Hidayah

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

General elections constitute a fundamental pillar of Indonesia’s democratic system, functioning as a mechanism for the exercise of popular sovereignty and the protection of citizens’ voting rights. During the 2024 Regional People’s Representative Council (DPRD) election in Tarakan City, the Badan Pengawas Pemilu Kota Tarakan recorded twelve reports of alleged administrative violations throughout the electoral stages, including during the national vote recapitulation process. Of these reports, three allegations were proven, involving violations related to the Additional Voter List, the Special Voter List, and the eligibility requirements of candidates running for the Tarakan City DPRD in 2024. Essentially, election law enforcement serves as a safeguard to ensure fairness, legal certainty, and the protection of citizens’ constitutional right to vote. This study aims to examine the implementation of legal enforcement mechanisms against administrative violations in the 2024 Tarakan City DPRD election. A socio-legal research approach was employed to analyze both normative regulations and their practical application. Referring to Peraturan Bawaslu Nomor 8 Tahun 2022 concerning the Settlement of Administrative Violations of General Elections, the findings indicate that the Tarakan City Bawaslu holds authority in adjudicating and imposing sanctions on proven violations. As a result, one candidate, Erick Hendrawan Septian Putra, was disqualified from Electoral District 1. Furthermore, sanctions were imposed on the chairpersons and members of Polling Station 88 in Karang Anyar and Polling Station 2 in Pamusian for failing to carry out their duties as voting organizing groups in the election and subsequent processes.

Joni Harianto; Zeis Zultaqwa; Mohamad Donie Aulia

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

The Industrial Design Rights of the Koper Generator have been revoked based on the Decision of the Central Jakarta Commercial Court No. 78/Pdt.Sus-HKI/Desain Industri/2023/PN.Niaga,Jkt.Pst. However, even though the registration of the Koper Generator Industrial Design has been revoked, the rights holder continues to exercise his economic rights, thereby causing real losses to the Plaintiff. Therefore, the Plaintiff filed a lawsuit for infringement of industrial design rights and a claim for compensation. The decision on the lawsuit basically rejected the Plaintiff's lawsuit, on the grounds that the Plaintiff did not have legal standing to file a lawsuit for infringement of industrial design rights and a claim for compensation.Based on the results of the study, it was found that legal protection for related parties or parties interested in industrial design rights is only related to filing a lawsuit for cancellation of industrial design rights, but cannot reach legal protection to file a lawsuit for infringement of industrial design rights and a claim for compensation; Legal considerations of the Panel of Judges of the Commercial Court in case No. 76/Pdt.Sus-Hki/Desain Industri/2023/PN.Niaga.Jkt.Pst, is not appropriate, because it does not consider the fact of bad faith from the Defendants who continue to exercise their industrial design rights, even though their industrial design rights (Genset Koper) have been revoked by a court decision. The fact of direct losses suffered by the Plaintiff is not taken into consideration. This can make the judge's decision based on formalistic or procedural justice.

Yohanes Reston N.A Laia; Yasmirah Mandasari Saragih; Sari Sania Tampubolon; Faisal Faisal; Andi Gultom

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

The acceleration of globalization and advances in information technology have brought about significant changes in the economic field. In this context, collaboration between individuals is a key element in forming business groups that aim to achieve economic benefits. These business groups can take the form of informal businesses that do not yet have legality, as well as legal entities known as corporations. When individuals join a corporation, this also strengthens the corporation's position as a legal subject in economic activities. A legal subject (subject tumjuris) is an entity that can have and exercise rights and obligations. This situation can trigger abuse of power by corporations against the public interest, which is then known as corporate crime. Such crimes are usually committed for the sake of the company's business interests and fall into the category of white collar. crime. One form of corporate crime that is rampant is the violation of the economic rights of creators and copyright owners

Bram William Amadeus; Deswita Maharani Lumban Toruan; Filumena Hasugian; Flora Tresia Br. Purba; Muhammad Fathir +3 more

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

This study aims to analyze the role of local values in the sustainable management of peatlands in Dayun Village, Siak Regency, Riau Province. The research applies a descriptive qualitative method using a normative-empirical approach. Findings indicate that although formal customary law structures are no longer present, local communities continue to apply traditional values in land management. Activities include sustainable watermelon farming, batik training using watermelon leaves, and processing agricultural products into local goods such as juices and watermelon-based snacks. Furthermore, educational tourism initiatives emphasize Malay cultural preservation, environmental awareness, and social revitalization. Community activities such as group exercises, outbound games, forest fire prevention education, and crafts training are led by the local tourism awareness group (Pokdarwis). These reflect a transformation of local values into tangible actions supporting ecological sustainability and community economic growth. The study also highlights the importance of local leadership and external collaboration in implementing these grassroots initiatives successfully.