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All Journal WAJAH HUKUM Journal of Law and Legal Reform Lentera Negeri
Prastopo Prastopo
Prodi Hukum Militer Sekolah Tinggi Hukum Militer
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Independent investigation and inquiry body as a solution for the protection of citizens’ human rights Prastopo Prastopo; Agustinus Purnomo Hadi; Jelli Rita; Ahmad Jaeni; Sugianor Sugianor
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/991770

Abstract

The protection of human rights in criminal procedure requires not only formal legal guarantees but also an institutional design capable of ensuring independent and impartial investigations. In Indonesia, the concentration of investigative authority within the Indonesian National Police (POLRI) raises concerns regarding the effectiveness of such independence. This study aims to examine whether the current institutional framework under Law No. 20 of 2025 on the Criminal Procedure Code is capable of guaranteeing objective and accountable investigative processes. This research employs a doctrinal legal approach, using statutory and conceptual analyses based on legal materials collected through systematic library research. The analysis applies textual, systematic, and teleological interpretation, supported by deductive reasoning to evaluate the institutional design of investigative authority. The findings indicate that limitations of investigative independence stem from structural factors, including concentration of authority, budgetary dependence, hierarchical organizational culture, and weak oversight mechanisms. These conditions constrain objective law enforcement and weaken human rights protection. This study proposes an Integrated Oversight Framework that combines internal reform, judicial control, and public accountability as a layered model of oversight. However, the framework remains normative and requires further empirical validation and institutional feasibility analysis.
Analisis Peran Polri Saat Negara dalam Keadaan Darurat Militer M. Zendi Kharisma; Prastopo Prastopo; A. Makbul
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1863

Abstract

Polri's main responsibilities are to uphold public security and order, enforce the law, and provide protection and services to the public. During martial law and wartime, Polri functions as a State Defense Resource to carry out state defense operations. This study seeks to explain the function of Polri during Martial Law, drawing lessons from the implementation of Martial Law in Aceh. The Polri has a dual role, particularly a special function in assisting military operations, with deployment through mobilization to augment and improve the strength and capabilities of the TNI. Polri's role is to enforce the law and maintain security in areas under martial law, by ensuring compliance with applicable laws and regulations. This research utilizes a data collection strategy that involves information gathered through interviews and document analysis from various relevant sources. The conclusion that can be drawn is that it is imperative to consider the future role of Polri in the context of martial law and states of emergency, with regard to the regulation of duties, powers, and responsibilities, as well as the strategies employed by Polri. Effective law enforcement can provide a deterrent effect, suppress insurgents, and simultaneously gain legitimacy and public support. This research aims to enable Polri to participate in the implementation of Military Operations in the future.
Strengthening the Patent Gatekeeper: The Mandatory Disclosure of Origin in Indonesia’s Intellectual Property Regime Efridani Lubis; Nurwidiatmo Nurwidiatmo; Heru Widodo; Prastopo Prastopo; Zinatul Ashiqin Zainol
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.48740

Abstract

The enactment of Law No. 65 of 2024 has fundamentally transformed the legal status of Mandatory Disclosure of Origin (MDO) within Indonesia’s patent regime. While previous studies have primarily examined MDO as a mechanism for preventing biopiracy and facilitating access and benefit-sharing, limited attention has been paid to its evolving role as a substantive patentability requirement and its philosophical foundation within Indonesia’s legal system. This article addresses that gap by examining how Article 26 of the amended Patent Law redefines the disclosure of genetic resources and traditional knowledge from a procedural obligation into a substantive legal mandate. Using a statutory, conceptual, and comparative legal approach, this study analyzes the transformation of Article 26 in light of Law No. 65 of 2024, the Nagoya Protocol, and the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The analysis further employs an axiological perspective to evaluate the compatibility of MDO with the constitutional values embodied in Pancasila. The findings demonstrate that the amended Patent Law significantly strengthens the gatekeeping function of the Indonesian patent system by linking patent validity to transparency regarding the origin and lawful acquisition of genetic resources and traditional knowledge. The reform establishes a legal framework that integrates Prior Informed Consent (PIC), Access and Benefit-Sharing (ABS), and post-grant accountability mechanisms, thereby enhancing protection against biopiracy. Furthermore, the study finds that the strengthened MDO regime reflects a shift from a predominantly individualistic intellectual property paradigm toward a distributive justice model grounded in the Second and Fifth Principles of Pancasila. This article argues that the strengthened gatekeeper model represents a form of decolonial intellectual property reform that balances private innovation with collective rights, reinforces national sovereignty over biological resources, and provides a normative foundation for equitable benefit-sharing in the emerging bioeconomy.
Co-Authors A. Makbul Agustinus Purnomo Hadi Ahmad Jaeni Efridani Lubis Heru Widodo Jelli Rita M. Zendi Kharisma Nurwidiatmo Nurwidiatmo Sugianor Sugianor Zinatul Ashiqin Zainol