International Journal of Social Service and Research

Legal Reconstruction of the Use of Checks as Security Instruments in Banking Credit Agreements in Indonesia

2026-07-01T04:46:06+00:00

A credit agreement constitutes the legal basis of the relationship between a bank as creditor and a customer as debtor in banking activities. In practice, credit agreements often include additional clauses requiring the debtor to provide checks as a form of payment guarantee. However, the use of checks as security instruments is not explicitly regulated under Indonesian law, which creates legal uncertainty, particularly when a check cannot be honored due to insufficient funds. This research aims to analyze (i) the legal framework governing the use of checks as security in credit agreements, (ii) the legal position of checks within the perspective of civil law and banking law, and (iii) the boundary between civil default and criminal liability. Furthermore, this study proposes a legal reconstruction to ensure fairness and legal certainty in banking practices. This research uses a normative juridical method with statutory and conceptual approaches. The analysis refers to the Indonesian Civil Code, particularly Article 1320 and Article 1338, the Commercial Code provisions on checks, and relevant banking regulations. The results indicate that checks function only as additional guarantees and do not provide proprietary rights or preferential rights to creditors. The failure of a check to be honored should primarily be treated as a civil default. Criminal liability may only arise if there is evidence of fraudulent intent at the time the check is issued. Therefore, a legal reconstruction is necessary to prevent the misuse of criminal law in civil disputes and to provide clearer regulatory guidelines.

The Ambiguity of Norms Regarding the Cancellation of Arbitration Awards in Law Number 30 Of 1999 Concerning Arbitration and Alternative Dispute Resolution and its Implications for Legal Certainty

2026-07-07T08:23:53+00:00

The development of arbitration as an alternative dispute resolution mechanism in Indonesia is intended to provide a fast, efficient, and legally certain settlement process outside the court system. However, the regulation concerning the annulment of arbitration awards under Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution contains normative ambiguity, particularly regarding the interpretation of false documents, concealed documents, and fraudulent conduct as grounds for annulment. This condition creates uncertainty in judicial practice and potentially weakens the final and binding nature of arbitration awards. This study aimed to examine the ambiguity of arbitration award annulment provisions, analyze their implications for legal certainty, and formulate a normative reconstruction model to strengthen arbitration governance in Indonesia. This research employed a normative juridical method using statutory and conceptual approaches. The study analyzed primary legal materials, including Law Number 30 of 1999, the 1945 Constitution, relevant court decisions, and international arbitration standards, supported by legal doctrines and academic literature. The findings indicated that Article 70 contains grammatical, systematic, and teleological ambiguities arising from unclear definitions and the absence of explicit evidentiary standards concerning the existence of criminal elements. These ambiguities contribute to inconsistent judicial interpretations and excessive court intervention in arbitration proceedings. The study concluded that the reformulation of Article 70 was necessary by clarifying the meaning of annulment grounds, establishing clear standards of proof, and reaffirming the principle of minimal court intervention to ensure legal certainty and strengthen the effectiveness of arbitration in Indonesia

Reclassification of Excess Royalty Payments as Disguised Dividends in a Secondary Adjustment Framework Under Indonesian Tax Law and OECD Standards

2026-07-07T08:27:26+00:00

The increasing complexity of cross-border controlled transactions conducted by multinational enterprises has created significant challenges in international taxation, particularly concerning transfer pricing practices and profit shifting through excessive royalty payments. Such payments may reduce taxable income in source jurisdictions and contribute to potential tax base erosion, requiring effective legal mechanisms to ensure equitable taxation. This study aimed to examine the legal basis, normative challenges, and compatibility of Indonesia’s secondary adjustment framework in reclassifying excessive royalty payments as deemed dividends under Indonesian tax law and OECD standards. This research employed a normative juridical method using statutory and conceptual approaches. Legal materials were collected from Indonesian tax regulations, including the Income Tax Law, Government Regulation Number 55 of 2022, Minister of Finance Regulation Number 172 of 2023, and international references, such as the OECD Transfer Pricing Guidelines. The findings indicated that Indonesia had established a legal foundation for secondary adjustments through the constructive dividend approach. However, several normative issues remained, particularly regarding the extension of the dividend concept to transactions involving non-shareholders, potential ultra vires interpretations, and the risk of international double taxation. The study concluded that Indonesia’s framework required further regulatory clarification and technical guidance to ensure consistency with OECD principles, strengthen legal certainty, and establish a fairer approach to resolving transfer pricing disputes involving excessive royalty payments.

The Evidentiary Strength of Electronic Signatures in Fiduciary Security Deeds within Financing Institutions: An Analysis of Legal Certainty and Judicial Practice in Indonesia

2026-07-01T04:46:33+00:00

Within this digital legal environment, electronic signatures (e-signatures) serve a crucial role as authentication tools that verify the integrity and authorship of electronic documents. Although Indonesian legislation has formally acknowledged electronic signatures as legitimate evidence through the Electronic Information and Transactions Law, their application in documents associated with notarial deeds, such as fiduciary security deeds and Powers of Attorney to Create Fiduciary Security (SKMF), continues to generate legal debate. This study seeks to examine the regulatory framework governing electronic signatures within the Indonesian legal system, evaluate their evidentiary value in judicial practice, and analyze the legal consequences of their use in relation to the validity of fiduciary security deeds. The research employed a normative legal research method, utilizing both statutory and conceptual approaches. The findings indicate that certified electronic signatures possess strong evidentiary authority because they rely on cryptographic infrastructure and electronic certificates issued by authorized Electronic Certification Authorities (PSrE). This technological framework ensures the principle of non-repudiation, thereby strengthening their reliability as legal evidence. In contrast, uncertified electronic signatures demonstrate comparatively weaker evidentiary value, as their authenticity can more easily be challenged by disputing parties. The study concludes that the utilization of certified electronic signatures in the SKMF constitutes an essential requirement for safeguarding the authenticity of fiduciary security deeds while simultaneously ensuring legal certainty for financing institutions operating within Indonesia’s emerging digital fiduciary framework.

Reconstruction of Criminal Responsibility for Misinterpretation of Radiological Images in Health Services Based on Legal Certainty and Substantive Justice

2026-07-07T08:23:29+00:00

The advancement of radiology technology has significantly transformed healthcare services through the use of digital imaging systems, Picture Archiving and Communication Systems (PACS), and teleradiology. However, the increasing complexity of radiological image interpretation has also raised legal issues, particularly regarding the determination of criminal responsibility for misinterpretation that causes patient harm. The absence of clear legal parameters distinguishing professional error, negligence, and criminal malpractice creates uncertainty for both radiologists and patients. This study aims to reconstruct the model of criminal responsibility for radiologists in cases of radiological image misinterpretation based on the principles of legal certainty and substantive justice. This research employed a normative juridical method using statutory and analytical approaches by examining criminal law regulations, health law provisions, legal doctrines, and professional standards in radiology practice. The results indicate that the current legal framework does not provide specific criteria for determining when radiological errors constitute criminal negligence. The study finds that not all diagnostic errors should be criminalized because radiology involves scientific interpretation and inherent medical risks. Therefore, criminal liability should only be imposed on cases involving gross negligence that significantly deviates from professional standards (lex artis). The reconstruction model emphasizes harmonization between criminal law and medical disciplinary mechanisms, the application of ultimum remedium principles, and the development of clearer legal guidelines. This approach is expected to ensure balanced protection for medical professionals and patients while strengthening justice and legal certainty in healthcare services

Weaknesses of Strict Liability Regulations in Environmental Crimes And Their Implications for the Effectiveness of Environmental Law Enforcement in Indonesia

2026-07-07T08:24:06+00:00

Environmental crimes have become a significant challenge to achieving sustainable development due to increasing industrial activities, natural resource exploitation, and environmental pollution. In Indonesia, environmental law enforcement continues to face substantial obstacles, particularly in addressing cases involving corporations and high-risk activities. Although the strict liability principle regulated under Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management is intended to strengthen accountability without requiring proof of fault, its implementation remains limited because environmental criminal provisions continue to emphasize fault-based liability under Articles 98 and 99. This study aimed to examine the weaknesses of strict liability regulations in environmental crimes and analyze their implications for the effectiveness of environmental law enforcement in Indonesia. This research employed a normative juridical method using statutory and analytical approaches by examining relevant legal provisions, legal doctrines, scientific literature, and environmental law regulations. The findings indicated that the main weaknesses of strict liability regulations included the lack of integration between strict liability provisions and environmental criminal liability mechanisms, uncertainty regarding their application in criminal proceedings, and limitations in imposing accountability on corporations for environmental damage. These weaknesses have created challenges in evidentiary processes and reduced the effectiveness of environmental law enforcement. This study concluded that regulatory reform was required to systematically integrate strict liability principles into environmental criminal law mechanisms to strengthen legal certainty, enhance corporate accountability, and promote sustainable environmental protection in Indonesia.

Reconstruction of the Application of the Business Judgment Rule Principle from the Perspective of Corruption Crimes as an Effort to Overcome the Ambiguity of Norms in the Accountability of Directors

2026-07-07T08:27:38+00:00

The increasing complexity of corporate management has created challenges in determining the legal accountability of directors, particularly when business decisions resulting in losses are associated with corruption offenses. The application of the Business Judgment Rule principle, which is intended to protect directors who make decisions based on good faith, due care, and the best interests of the company, often encounters normative ambiguity when interacting with the corruption law regime, particularly in companies involving state finances. This study aimed to reconstruct the application of the Business Judgment Rule principle from the perspective of corruption offenses in order to establish clearer boundaries between legitimate business risks and actions that constitute criminal violations by directors. This research employed a normative juridical method using statutory and conceptual approaches. Legal materials were obtained through the examination of primary legal sources, including laws and regulations governing corporations, state-owned enterprises, and corruption eradication, as well as secondary legal sources consisting of legal literature and academic studies. The analysis was conducted qualitatively using prescriptive legal analysis. The findings indicated that normative ambiguity arose from the lack of harmonization between corporate law principles and corruption law provisions, resulting in the potential interpretation of business losses as state financial losses without adequate consideration of the decision-making process undertaken by directors. The study concluded that legal reconstruction was required by strengthening the Business Judgment Rule as an assessment standard for determining directors’ liability, establishing clearer parameters of good faith and the duty of care principle, and developing judicial guidelines to distinguish legitimate business risks from corruption-related conduct. This reconstruction was expected to provide greater legal certainty for directors while maintaining effective enforcement of corruption laws.

The Effectiveness of Sprint Training and Hollow Sprints in Improving Leg Muscle Power in Players of the Tumbak Raya Mitra Soccer Club

2026-07-01T04:46:45+00:00

The Effectiveness of Sprint Training and Hollow Sprint on Increasing Leg Muscle Power in Tumbak Raya Southeast Minahasa Football Club Players. This study aims to measure and analyze empirical data on the effectiveness of sprint training and hollow sprint on improving leg muscle power ability in Tumbak Raya Southeast Minahasa football club players. The method used is the "true experimental method". The research design refers to the experimental design using "One group pre-test and post-test design" and "randomized control groups group pre-test and post-test design". The population is the entire Tumbak Raya football club players. The sample was selectively sampled by 24 players based on the height and length of the legs were relatively the same. They were divided into 2 groups, namely the sprint training experimental group (n=12) and the hollow sprint experimental group (n=12). The instrument is a "standing board jump test". The data analysis technique used was an independent statistical test of one sample and two samples with a real level of a=0.05. The results of the study show; (1) There was an effect of sprint training on the improvement of leg muscle power in players of the Tumbak Raya Minahasa Southeast Minahasa football club, with the results of the observation t-test (tob) = 17,238 > ttab = 2,101. (2) There was an effect of hollow sprint training on the improvement of leg muscle power in players of the Tumbak Raya Southeast Minahasa football club, with the results of the observation t-test (tob) = 12,558 > ttab = 2.101, and (3) There was a difference in the effect between sprint training and hollow sprint trainingon the improvement of leg muscle power in Tumbak Raya Southeast Minahasa Football Club players, with the results of the tob test = 4,680 > ttab value = 2.074, the results of the average score of the two training models are more effective in increasing leg muscle power with sprint training.

Reconstruction of the Functional Relationship Between Criminal Procedure Law and Material Criminal Law from the Perspective of the National Criminal Code and the Latest Criminal Procedure Code

2026-07-07T08:23:41+00:00

The reform of Indonesia’s criminal law system through the enactment of Law Number 1 of 2023 concerning the Criminal Code and Law Number 20 of 2025 concerning the Criminal Procedure Code represents a significant transformation in the development of the national criminal justice system. However, changes to substantive criminal law have not been fully synchronized with procedural mechanisms, creating potential challenges in determining criminal liability, administering evidence, and applying restorative justice principles. This research aimed to analyze the functional relationship between substantive criminal law and criminal procedure law and to formulate a reconstruction framework that supports an integrated criminal justice system. This study employed a normative legal research method using statutory, conceptual, and legal-system approaches. The legal sources consisted of primary legal materials, including relevant legislation, and secondary legal materials derived from scholarly publications, legal literature, and expert opinions. The legal materials were analyzed qualitatively using grammatical, systematic, and teleological methods of interpretation. The results indicate that, although the new Criminal Code introduces progressive concepts, such as expanded corporate criminal liability, recognition of living law, and restorative justice-oriented sentencing objectives, the Criminal Procedure Code does not yet provide adequate procedural mechanisms to fully support these developments. The findings emphasize the need for harmonization through the adoption of implementing regulations, the strengthening of evidentiary procedures, the enhancement of judicial oversight, and the integration of restorative justice mechanisms. This research concludes that reconstructing the functional relationship between substantive criminal law and criminal procedure law is essential to establishing a consistent, proportionate, and human rights-based criminal justice system in Indonesia

The Impact of Narcotic Abuse on Users Mental Health: A Literature Review

2026-07-07T08:27:15+00:00

Narcotic abuse remains a critical global public health issue that affects not only physical health but also psychological well-being, cognitive functioning, and social relationships. The misuse of narcotic substances has been associated with various mental health disorders, including depression, anxiety, psychosis, emotional instability, and cognitive impairment. However, the complex relationship between narcotic abuse and mental health requires comprehensive examination because the two conditions may influence one another through biological, psychological, and social mechanisms. This study aimed to examine the impact of narcotic abuse on users’ mental health by synthesizing existing scientific evidence on its psychological consequences, contributing factors, and potential intervention strategies. This study employed a qualitative literature review method. Relevant scientific publications retrieved from reputable databases, including Scopus, PubMed, and Google Scholar, were analyzed according to predefined inclusion criteria. The findings indicated that narcotic abuse significantly increased the risk of mental health problems, particularly depression, anxiety disorders, psychotic symptoms, impaired cognitive functioning, and a reduced quality of life. The findings also demonstrated that the relationship between substance abuse and mental disorders was bidirectional: psychological distress may encourage narcotic use, while prolonged exposure to narcotic substances may exacerbate existing mental health conditions. In conclusion, narcotic abuse should be addressed through an integrated biopsychosocial approach involving medical treatment, psychological support, rehabilitation programs, and preventive strategies. A comprehensive understanding of this relationship is essential for developing effective policies and interventions that improve mental health outcomes among individuals who use narcotics

Responsibility of the Company's Board of Directors as Perpetrators of Corruption Crimes in Case Decision Number: 17/Pid.Sus-Tpk/2020/Pn.Plk

2026-07-01T04:46:18+00:00

Corruption in Indonesia increasingly involves corporations beyond individual perpetrators, with limited liability companies frequently implicated in criminal acts despite their status as legal entities under Law Number 40 of 2007. This research examines the criminal liability of corporate owners through a case study of Didie, SE, owner of CV. Liting Perkasa, who was convicted in Decision Number 17/Pid.Sus-TPK/2020/PN.Plk for corruption in a road construction project in Katingan Regency, Central Kalimantan. The study analyzed the application of corporate criminal liability theory to this case, particularly examining whether the defendant's actions constitute corporate or individual criminal responsibility. Employing normative juridical research methods with statutory and conceptual approaches, this study analyzes legal norms, principles, doctrines, and applicable legislation relevant to corporate criminal liability. The findings reveal that the defendant can be classified as capable of being responsible under the theory of corporate criminal liability, as the criminal act was committed through the corporate entity CV. Liting Perkasa. The Panel of Judges correctly declared the defendant legally and convincingly guilty of corruption causing state financial losses. The analysis further indicates that if CV. Lintang Perkasa is considered a corporation, the responsibility imposed should refer to strict liability, which allows criminal responsibility without proving fault on the perpetrator's part. This principle is particularly relevant in corporate crimes where proving individual intent or negligence is challenging.

Policies For The Implementation of Bus Rapid Transit (BRT) in an Effort To Reduce Traffic Congestion in The City of Cirebon

2026-07-08T07:41:25+00:00

Urban traffic congestion and the declining effectiveness of public transportation are among the main challenges in managing mobility in the city of Cirebon. In response to these conditions, the Cirebon City Government developed a Bus Rapid Transit (BRT) system as an alternative public transportation option, which was expected to improve the quality of mobility services for the public while reducing dependence on private vehicles. However, BRT operations were ultimately suspended in 2026 due to various issues affecting the sustainability of the service. This study aims to analyze the implementation of the Bus Rapid Transit (BRT) policy in Cirebon City, identify the factors that have prevented the policy from achieving the desired effectiveness in public transportation and reducing traffic congestion, and formulate directions for reformulating a more adaptive and sustainable public transportation policy. The study employs a qualitative method with a public policy approach. Data were collected through interviews, observations, and document analysis, and were analyzed using James E. Anderson’s public policy cycle theory, which encompasses the policy agenda, policy formulation, policy adoption, policy implementation, and policy evaluation. The research findings indicate that the primary issue with Cirebon City’s BRT does not lie in low public demand for public transportation, but rather in the mismatch between policy design and community mobility patterns, weak integration of transportation services, high reliance on local subsidies, and insufficient governance and sustainability of operational funding. These conditions have prevented the policy objectives of promoting a shift in transportation modes and reducing the dominance of private vehicles from being fully achieved. The reformulation of public transportation policy should focus on data-driven mapping of public mobility, the development of an integrated transportation system, the utilization of digital technology, the strengthening of sustainable financing schemes, and the integration of public transportation with urban spatial planning.