Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Corruptio Ius Poenale Law Research Review Quarterly
Muhamad Pelengkahu
Universitas Sebelas Maret
Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Green Criminology: Evolution, Typology, and Legal Framework for Environmental Protection Muhamad Pelengkahu
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.4444

Abstract

Green criminology (GC) offers a critical lens for understanding the dynamics of environmental harm, moving beyond Classical Criminology (CC Green Criminology (GC) offers a framework for understanding environmental harm, extending beyond Classical Criminology to include the rights of ecosystems, non-human species, and future generations. This article traces the evolution of GC, outlines key environmental crime typologies, and examines its relevance for legal and policy responses in Indonesia. Using a normative juridical approach and secondary data, the study assesses Law No. 32 of 2009 on Environmental Protection and Management and related sectoral statutes in addressing illegal logging, wildlife trafficking, pollution, and land degradation. Findings reveal weak enforcement due to fragmented institutions, inadequate sanctions, corruption, and corporate–political influence, highlighting that these offences represent systemic harm. The study concludes that advancing environmental justice requires legal reform, stronger institutional coordination, public engagement, and international cooperation. GC provides a pathway for embedding ecological justice and sustainability into more effective and equitable environmental governance.
Corruptio Legis in Indonesian Legal Politics: A Legisprudential Analytical Approach Muhamad Pelengkahu
Corruptio Vol 6 No 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v6i2.4450

Abstract

This study conceptualises Corruptio Legis as a form of structural corruption operating within Indonesia’s legislative process, where formally valid procedures conceal substantive distortions of law, justice, and constitutional democracy. Using Wintgens’ legisprudence, Ekins’ theory of legislative intention, and Tuori’s ratio–voluntas framework, the analysis identifies key patterns of distortion, including legislative subordination to party elites, transactional lawmaking, and the marginalisation of public deliberation. Case studies of the stalled Asset Confiscation Bill and the Job Creation Law illustrate how oligarchic political interests displace public reason in lawmaking. The study proposes a four-step Corruptio Legisprudential Diagnosis Formula and advocates a Legislative Impact Assessment grounded in this framework to ensure that legislation is guided by rational deliberation rather than power-based interests.
From Authoritarianism to Participatory Governance? A Legal and Constitutional Review of Public Participation in Indonesia’s Mineral and Coal Mining Laws Muhamad Pelengkahu
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41546

Abstract

This article critically examines the evolution of public participation in Indonesia’s mineral and coal mining legislation from the post‑independence era through the 2023 reforms. Drawing on a normative‑doctrinal methodology, it analyses four principal statutes (Law No. 11/1967, Law No. 4/2009, Law No. 3/2020 (as amended by the  Law No. 6/2023)) alongside their derivative regulations. The study deploys Arnstein’s ladder of participation to assess the degree of meaningful engagement granted to affected communities, and integrates the Constitutional Court’s five‑function model of state resource control (beleid, bestuursdaad, regelendaad, beheersdaad, toezichthoudensdaad) and Ostrom’s collective‑action theory to contextualize normative shifts. Findings reveal that under the 1967 regime, public involvement was effectively absent, amounting to non‑participation. The 2009 Mining Act introduced tokenistic consultation and information‑sharing mechanisms without substantive influence. The 2020 amendments marked a shift toward partnership—granting formal channels for complaints, community development obligations, and limited consent procedures—yet persisted in privileging state and corporate prerogatives. The 2023 reforms further codified participatory requirements in area designation and social‑and‑environmental funding, but enforcement and procedural clarity remain uneven. The article concludes that while Indonesia’s mining laws reflect progressive normative commitments to public participation, significant gaps in implementation, transparency, and community empowerment persist. It recommends targeted regulatory guidance and stronger monitoring mechanisms to align statutory provisions with constitutional and international participatory standards.
Co-Authors