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All Journal Awang Long Law Review KANUN: JURNAL ILMU HUKUM
Ali Rahman
Fakultas Hukum Universitas Sawerigading
Law, Crime, Criminology & Criminal Justice

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ANALYSIS OF A GOOD GOVERNANCE-BASED PUBLIC COMPLAINT SYSTEM: A NORMATIVE-EMPIRICAL APPROACH TO REALIZE INCLUSIVE AND ACCOUNTABLE JUDICIAL SERVICES Khaerulnisa; Ali Rahman
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1808

Abstract

Public service in the judicial sector is a key indicator of state accountability as well as a reflection of public trust in legal institutions. However, the complaint system at the Makassar District Court still faces various normative and structural obstacles that hinder the realization of good governance principles. This study aims to analyze the effectiveness of the public complaint system within the judiciary and to identify the barriers that emerge in its implementation. The research employs a normative-empirical approach, combining legal analysis of public service regulations with field observations through interviews, documentation, and case studies. The findings reveal that although several digital innovations have been introduced, such as e-Court, SIPP, and e-Berpadu, the complaint system has not yet fully ensured transparency, accountability, and equal access for all justice seekers. The main challenges include regulatory harmonization, limited human resource capacity, cultural resistance, inadequate infrastructure, and fragmented complaint channels that lack integration. These results highlight the need for a policy model that integrates top-down regulations with bottom-up community participation, in order to create an inclusive, transparent, and accountable complaint mechanism in line with the principles of good governance.
FROM NORMATIVE COMMITMENT TO EFFECTIVE ACCOUNTABILITY: RECONSTRUCTING STRUCTURAL REMEDIES FOR CORPORATE CRIMINAL LIABILITY IN INDONESIA Tumian Lian Daya Purba; Silvester Magnus Loogaman Palit; Ali Rahman; Yassine Chami
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.532

Abstract

Indonesia’s corporate criminal liability has transitioned from fragmented sectoral laws to general codification under the New Criminal Code (Law 1/2023) and Law 1/2026. Despite this legal context, a significant legal gap remains: a persistent "operational deficit" leading to systemic under-enforcement. Standard fines are frequently internalized as business costs, while law enforcement remains "actor-centered," prioritizing individual executives over the criminogenic corporate architecture. This study addresses the central question of how to reconstruct the Indonesian liability regime to move from formal normative commitment to effective, practical accountability. Employing normative juridical methods with statutory, conceptual, and comparative approaches, the research analyzes attribution models and restorative justice mechanisms. Findings indicate that effective accountability requires a shift toward an organization-centered model that targets internal governance. Proposed reforms include structural remedies, such as compliance-based corporate probation, disgorgement of unlawful gains, and mandatory ecological restoration, implemented through a "Dual Track System". Furthermore, this article highlights the necessity of procedural innovations like Deferred Prosecution Agreements (DPAs) and the enforcement of successor liability to prevent impunity during corporate restructurings. This article contribute  to prescriptive ius constituendum model that links corporate fault to proportional, remedial sanctions. By addressing inherent power imbalances and refining technical attribution standards, this framework provides a pathway for Indonesia to achieve a practically deterrent and restorative corporate liability regime.
Co-Authors Khaerulnisa Silvester Magnus Loogaman Palit Tumian Lian Daya Purba Yassine Chami