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All Journal Cepalo Contrarius Proceeding International Conference Restructuring and Transforming Law
Jan Alizea Sybelle
Stellenbosch University
Environmental Science Law, Crime, Criminology & Criminal Justice

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Reframing State Loss Policy in Price-Related Corruption Cases: A Future Agenda Amir Firmansyah; Mohammad Abdallah Alshawabke; Suzali Sulaiman; Jan Alizea Sybelle
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.274

Abstract

State losses from corruption cases in Indonesia are commonly interpreted solely as financial losses, while broader economic losses are largely overlooked. Corruption generates impacts that extend beyond fiscal depletion, affecting economic stability, social welfare, ecological integrity, and other systemic dimensions. This study therefore aims, first, to identify and examine the challenges arising from the ambiguous definition of state loss in Indonesia’s legal framework, particularly in price-related corruption cases; second, to analyse Singapore’s conduct-based model of corruption enforcement, which does not treat state loss as an element of the offence; and third, to formulate an ideal normative framework that can strengthen Indonesia’s anti-corruption regime. Using a normative legal research method with statutory, comparative, and conceptual approaches, this study finds that the ambiguity of the state-loss concept has made it difficult to establish economic losses in court, leading judges to focus exclusively on financial loss and leaving broader economic harm unaddressed in judicial decisions. In contrast, Singapore’s approach, by excluding state loss as an element of corruption, allows enforcement to centre on gratification and corrupt intent, resulting in a more coherent and efficient process than the Indonesian model. Consequently, a reframing of the state-loss concept is required, including more precise parameters of economic loss within anti-corruption law, standardised methodologies for its calculation, and broader asset-recovery mechanisms to enhance legal certainty and improve the overall effectiveness of corruption enforcement.
LEGAL PLURALISM AND CUSTOMARY CRIMINAL LAW: COMPARATIVE PERSPECTIVES FROM INDONESIA AND SOUTH AFRICA IN POST-COLONIAL CRIMINAL JUSTICE SYSTEMS I Made Wirya Darma; I Gede Agus Kurniawan; Jan Alizea Sybelle
Cepalo Vol 10 No 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no2.5049

Abstract

This study examines legal pluralism in the regulation of customary criminal law through a comparative analysis of Indonesia and South Africa. Using a normative legal method with conceptual, comparative, and statutory approaches, it explores how both countries integrate customary criminal law into their national criminal justice systems. The findings show that both jurisdictions reflect a post-colonial commitment to legal pluralism by incorporating restorative justice grounded in indigenous legal traditions. Indonesia recognizes customary criminal law through Articles 2 and 66 of the New Criminal Code, while South Africa does so through Section 211 of the Constitution and the Traditional Courts Act. Although both systems seek to promote restorative justice and reduce recidivism, they differ in their institutional design and implementation. Indonesia adopts a hierarchical model in which customary sanctions supplement state law, whereas South Africa grants greater autonomy to customary courts. The study recommends implementing comprehensive Government Regulations and harmonizing Regional Regulations in Indonesia to strengthen legal certainty. It also recommends revising South Africa's Traditional Courts framework to improve judicial oversight, gender representation, and evidentiary standards while ensuring compliance with constitutional human rights protections.
General Concept of Public Policy Implementation Athaya Yustia Shafa; Lelina Dewi Sahita; Mahardika Putri Laksono; Rima Althea Rianda; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Public policy implementation is the implementation or application of a public policy through programs, activities, actions, or actions in a mechanism that is bound to a certain system. The purpose of writing this article is to discuss the general concept of implementing public policy. The preparation of this article was carried out with the main reference sources from various literatures and research relevant to the implementation of public policy, which were complemented by the author's thoughts on the topics presented. The results of the discussion show that the implementation of public policy is influenced by several factors, including aspects of authority, resources, communication, and disposition. The dimensions that can be used to evaluate the implementation of public policies include consistency, transparency, accountability, fairness, effectiveness, and efficiency. Meanwhile, evaluation of policy implementation needs to be carried out comprehensively, which includes ex-ante, on-going, and ex-post evaluations of theimplementation of public policies. In making innovations and breakthroughs in services to the public, discretion can be exercised in the implementation of public policies as long as they do not conflict with applicable norms and regulations.
Strengthening Law On Cultural And Religious Rights In The New Normal Era Rafli Yoga Ramadhan; Thoriq Izhar Azhari; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 1 No. 1 (2022): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study aims to examine diversity in Indonesia with the existence of legal products such as laws using the perspective of F. Budi Hardiman, namely the concept of transformational justice. Diversity in Indonesia indicates that Indonesia has a pre-political view that is not only a matter of fingers, so the related dilemma is also about the trap of the concept of justice between the calendar of cultural identity or the loss of the political concept of the state due to the domination of a group so that the system of action has an important role in it. This research uses interviews and documentation studies to collect legal products and explores the nature of diversity in Indonesia. The results show that in Indonesia, legal products are indeed a system of action that transforms diversity into a systemic realm. it' s just that there needs to be further socialization so that there is no bias in the concept of multiethnic justice by freezing on liberalism, communitarianism and multiculturalism. Finally, this research can be useful for the field of law, especially the sociology of law. Sustainable development is very dependent on human resources so how the concept of Human Rights is interpreted in the new normal era is the key to the answer that determines the continuity of sustainable development in Indonesia. The principle of proportionality should be the basis for logical thinking in guaranteeing and enforcing human rights in the new normal era in order to maintain the sustainability of sustainable development. The author is of the opinion that for this reason, human rights, both civil and political rights, and economic and social rights,
Juridical Analysis of Political Dynasty in Regional Head Elections in Indonesia Juanda Yuviant Hafiidh; Moh. Indra Bangsawan; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Political dynasty is a power run by a group of people who are still related by blood or within the family sphere. If we look at the reality of government in Indonesia, the practice of this power often occurs in political dynasties, one of which is in local government in Indonesia. The research method used by the author in this journal has a normative nature and is based on the perspective of democratic theory as a reference in writing this journal. Then, this type of research is descriptive qualitative with data analysis techniques in the form of literature studies by examining books and literature related to problems in this journal. A democratic state that involves the right of its people to participate in politics. Whereas autocratic states, political rights are granted and held to a larger group of citizens. Implicitly, it means that the phenomenon of political dynasties is a manifesto of an autocratic state. The phenomenon of political dynasties practiced by regional heads massively can be conceded that the practice of political dynasties has contradicted Article 7 letter r of the Election Law, but this article also contradicts the 1945 Constitution unconstitutionally and has no binding legal force.
The Urgency of Employment Law for Informal Sector Workers in the Welfare State Concept Rinto Angga Puja Kesuma; Tahta Radya Panigarahardja; Fahma Pantria; Angga Putra Adi Pratama; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The aim of this research is to re-evaluate the importance of labor laws for informal sector workers within the framework of the Indonesian welfare state concept. The research technique involves studying a normative legal approach or documents or literature that only focuses on labor law currently in force in Indonesia. Qualitative methods of technical analysis are used to explain relationships between objectively determined phenomena, concepts, data, or facts. Based on the results of this research, the Employment Law in Indonesia still ignores the rights, dignity, standard of living, and even the work environment of workers in the informal sector. The National Employment Law has legal loopholes because it does not provide legal protection, guarantees and social security for informal sector workers. This demand is contrary to the concept of Pancasila and the 1945 Republic of Indonesia Constitution. Therefore, the government is expected to work together with the legislature to improve the Labor Law so that all parties are in the same position in the production process so that companies can develop. Meanwhile, these efforts are generally expected to lead to harmonization of laws for informal sector workers in the field of employment, especially in the Indonesian welfare state.
Co-Authors Amir Firmansyah Angga Putra Adi Pratama Athaya Yustia Shafa Fahma Pantria I Gede Agus Kurniawan I Made Wirya Darma Juanda Yuviant Hafiidh Lelina Dewi Sahita Mahardika Putri Laksono Moh. Indra Bangsawan Mohammad Abdallah Alshawabke Rafli Yoga Ramadhan Rima Althea Rianda Rinto Angga Puja Kesuma Suzali Sulaiman Tahta Radya Panigarahardja Thoriq Izhar Azhari