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All Journal Jurnal Asosiasi Pengajar Hukum Tata Negara Hukum Administrasi Negara Indonesian Journal of Criminal Law Studies Jurnal HAM
Fareed Mohd Hassan
Faculty of Syariah and Law, Universiti Sains Islam Malaysia
Law, Crime, Criminology & Criminal Justice

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Carry Over Mechanism As An Efficient Legislative Instrument For Strategic Bills Guasman Tatawu; Fareed Mohd Hassan; Wahyu Aliansa; Muhammad Awaluddin Rasake
APHTN-HAN Vol 5 No 1 (2026): JAPHTN-HAN, January 2026
Publisher : Asosiasi Pengajar Hukum Tata Negara dan Hukum Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55292/japhtnhan.v5i1.206

Abstract

This study explores the carryover mechanism in the legislative process of the Indonesian House of Representatives. It discusses the carryover mechanism in the legislative process in the Indonesian House of Representatives as an instrument of efficiency that allows a bill to be discussed across different periods without starting over from the beginning. This mechanism is assessed as capable of overcoming legislative stagnation, which is a consequence of changing members of the DPR, as seen in the successful passage of the Criminal Code Bill and the TPKS Bill, both approved after experiencing the carryover mechanism. Carryover is present as an innovation in law aimed at solving classic legislative problems, such as many priority bills failing to be approved within one period due to limitations of time, political dynamics, and the complexity of discussions. From the perspective of efficiency, carryover can prevent waste of resources and strengthen the principle of value for money in public administration, while also ensuring legislative continuity across periods, as evidenced by the ratification of the Criminal Code Bill and the TPKS Bill. However, from the legitimacy perspective, this mechanism raises constitutional concerns because it can cause a legitimacy deficit when new members of the DPR continue discussions without proper validation, repetition, or public participation. An analysis using constitutional law shows that carryover can be viewed as legitimate if it is balanced with procedures that guarantee principles of political representation, transparency, and accountability. Meanwhile, a review through progressive legal theory confirms that law must adapt to societal needs and substantive justice, so carryover can only be effective if managed transparently, participatorily, and responsibly.
Criminal Law Policy and Implementation Challenges of Chemical Castration in Indonesia Kodrat Alam; Hibnu Nugroho; Setya Wahyudi; Dwi Hapsari Retnaningrum; Fareed Mohd Hassan
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.40508

Abstract

This study analyzes the obstacles in implementing chemical castration as an additional sanction for perpetrators of child sexual violence in Indonesia. Using normative legal research with a statutory and conceptual approach, this study examines the limitations of regulations and institutional barriers to the implementation of chemical castration. The research findings indicate two main obstacles in the implementation of chemical castration: the lack of adequate treatment for sexual impulse disorders experienced by convicts and the refusal of doctors to act as executors of chemical castration due to ethical considerations. To address these challenges, this study proposes a reconstruction of criminal law policy by revising the mechanism for postponing the execution of chemical castration, adjusting rehabilitation measures for perpetrators deemed unfit for chemical castration, and expanding the scope of resources for chemical castration executors through police medicine. This reconstruction aims to ensure legal certainty, improve rehabilitation for convicts, and increase the effectiveness of criminal sanctions in preventing child sexual violence.
Mengintegrasikan Hak Asasi Manusia dan Biosekuriti dalam Hukum Internasional: Menuju Kerangka yang Holistik Noor Dzuhaidah Osman; Syahirah Abdul Shukor; Fareed Mohd Hassan; Nurfarhah Farhanim Shafie
Jurnal HAM Vol 16 No 3 (2025): Edisi Desember
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2025.16.235-250

Abstract

Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) states the right to health as a fundamental human right. It emphasizes that healthcare should be available, accessible, acceptable, and of high quality for all individualsThe COVID-19 pandemic broadened the focus while highlighting the necessity of integrating biosecurity—including plant, animal, and human health—with a comprehensive One Health strategy within the framework of human rights.This doctrinal research examines key international agreements and organizations that govern biosecurity, biosafety, and the prohibition of biological weapons. It aims its integration with the right to health. The study finds that international public health and biosecurity regimes are fragmented, often leading to inconsistency in policy implementation  The major international agreements and institutions that control biosecurity, biosafety, and the ban on biological weapons are examined in this doctrinal study. It seeks to integrate the right to health. According to the findings, fragmented international public health and biosecurity regimes frequently result in inconsistent policy implementation. This article introduces a unified policy model that aligns biosecurity governance with the right to health, peace, and sustainable innovation. The integrative approach protects human health and biodiversity from a range of biological threats, offering new insights to the field.
Co-Authors Dwi Hapsari Retnaningrum Guasman Tatawu Hibnu Nugroho Kodrat Alam Muhammad Awaluddin Rasake Noor Dzuhaidah Osman Nurfarhah Farhanim Shafie Setya Wahyudi Syahirah Abdul Shukor Wahyu Aliansa