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This Author published in this journals
All Journal Corruptio Law Research Review Quarterly
Albri Labaka
Universitas Hein Namotemo
Education Law, Crime, Criminology & Criminal Justice

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Corruption Verdict on Embezzlement of Village Funds in the Department of John Rawls's Fairness Perspective Albri Labaka
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.v6i2.4302

Abstract

This article examines judicial authority in adjudicating village fund corruption, analyzing Decision Number 11/Pid.Sus-TPK/2023/PN through a normative juridical approach and John Rawls’s fairness perspective. While the Panel of Judges applied Article 3 of the Anti-Corruption Law, the three-year sentence is disproportionate given state losses of approximately IDR 1.95 billion, the Defendant’s public office, and the lack of restitution. The ruling highlights a tension between procedural legality and substantive justice, emphasizing the need for judges to exercise social sensitivity, apply public reason, and consider the socio-structural impact on vulnerable communities. A holistic approach ensures that judicial decisions are legally valid, ethically sound, and socially responsive, reinforcing the moral authority of the courts and protecting marginalized groups.
Development Law in Law Enforcement: Effective Strategies in Dealing with Refugee Smuggling albri labaka; Nikko Budiman
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v11i4.42812

Abstract

The complex issue of human smuggling and refugees presents challenges for law enforcement officials in Indonesia. This study analyzes the effectiveness of law enforcement against cases of smuggling of mania, especially refugees, from the perspective of development law theory. Normative juridical research methods with legal and conceptual approaches. The research results show that human smuggling has been regulated in a special regulation through Emergency Law No. 8 of 1995 and Law No. 9 of 1992 concerning Immigration. However, the two laws and regulations only regulate the issue of immigration violations, so it is not possible to ensnare perpetrators of human smuggling crimes. On the other hand, the government's response efforts through Law Number 6 of 2011 are still ineffective in tackling human smuggling. In the context of Development Law Theory, there are strategies for effectiveness in handling the enforcement of refugee smuggling laws in Indonesia in the future, namely The Importance of Regulatory Reform in Dealing with Refugee Smuggling, Discretion in Law Enforcement, Decisions Based on Morals and Social, and the Importance of International Cooperation in Handling Refugee Smuggling, as well as the Empowerment of Law Enforcement Officials
Illegal FAD Installations: Criminal Law Approaches in Indonesian Philippine Waters Albri Labaka
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.49546

Abstract

This study aims to explain that fish aggregators (FADs) are fishing aids (ABPI) that are an integral part of fishing vessels. The illegal installation of FADs by Filipino fishermen in the EEZ area is contrary to the 1982 UNCLOS, which states that Indonesia has jurisdiction to take action under Law No. 45 of 2009 on fisheries, using normative research methods, conceptual approaches, and legislative approaches. The study results show that the judge in the trial of the case complies with UNCLOS 1982 Article 73 paragraph (3), which is the basis for fines without imposing imprisonment unless there is a prior agreement between Indonesia and the Philippines. As a result, punishing the perpetrator does not have a deterrent effect, so other actors appear to commit the same crime. The weakness of the Fisheries Law is that it does not regulate the application of additional sanctions. Therefore, with the basic idea of a double-track system, in the future, it is necessary to revise the Fisheries Law with the formulation of additional sanctions in the form of ship sinking sanctions, social work sanctions, and the concept of maximizing fines based on social welfare, with a multi-example system.
Co-Authors Nikko Budiman