Hartanto
Faculty of Law, Universitas Krisnadwipayana, Indonesia

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Distributive Justice in Mining Governance: A Comparative Legal Analysis of Indonesia and Thailand Saefullah; Hartanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.8156

Abstract

This research analyzes the construction and issues of distributive justice in mining governance in Indonesia and Thailand and formulates the direction for the reconstruction of Indonesian law based on comparative learning. The research uses normative legal methods with legislative, conceptual, and comparative approaches. The research results show that both countries place the state as the controller of mineral resources to achieve societal prosperity thru the distribution of economic benefits, environmental protection, community participation, and intergenerational sustainability. Indonesia relies on the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which is elaborated thru regulations on mineral and coal mining, mechanisms for state and regional revenue, community empowerment, and environmental protection. Meanwhile, Thailand, thru the Minerals Act B.E. 2560 (2017), articulates more explicitly the balance of interests between the state, business actors, local communities, economy, society, health, and environment in mineral management. The problem in Indonesia mainly lies in the gap between norms and implementation, centralization of authority, inequality in the distribution of economic benefits, distribution of socio-ecological burdens, and the limited participation of local and indigenous communities. Therefore, the reconstruction of Indonesian law needs to be directed toward a model of mining governance based on distributive justice thru the strengthening of benefit sharing, meaningful participation, environmental and health protection, and the proportional distribution of responsibilities among the state, business actors, society, and future generations.
Reconstructing Cybercrime Criminal Policy in the Digital Era: A Comparative Study of Indonesia and Australia Hartanto; Uyan Wiryadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.8279

Abstract

Digital transformation has led to the development of cybercrime that is cross-border, dynamic, decentralized, and increasingly complex, so criminal policies cannot rely solely on criminalization and punishment. This research aims to analyze the construction of criminal policies against cybercrime in Indonesia and Australia and to formulate a reconstruction of Indonesian criminal policies through penal and non-penal approaches that are adaptive to technological developments while ensuring legal certainty and the protection of fundamental rights. This research uses normative legal research methods with legislative, comparative, and conceptual approaches. The research results show that both Indonesia and Australia integrate criminalization, digital investigation, electronic evidence, jurisdiction, and rights protection in combating cybercrime. However, Indonesia still faces issues of regulatory fragmentation between the National Criminal Code, the ITE Law, the PDP Law, and related instruments, while Australia builds a more systematic connection between computer offenses, investigative authority, and data access within the federal legal framework. The reconstruction of Indonesia's criminal policy needs to be directed toward an integrative model through the harmonization of criminalization based on lex certa and lex stricta, strengthening controlled criminal accountability and digital investigations, as well as the development of non-penal policies through cybersecurity, digital literacy, digital forensic capability, public-private cooperation, and cross-jurisdictional coordination. The novelty of the research lies in the construction of cybercrime criminal policies that integrate penal and non-penal approaches within an adaptive, preventive, and rights-based framework to balance law enforcement effectiveness, legal certainty, digital security, and privacy protection