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Legal Loopholes in the Regulation of Corruption Eradication in the Management of State-Owned Enterprise Investment Funds in the Tourism Sector Ikrom, Yaumil; Agustin, Eka Wulandari; Tamara, Eriska; Saliman, Abdul Rasyid; Agustina, Enny
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.3108

Abstract

This study examines the legal gap in the regulation of corruption eradication in the management of State-Owned Enterprises (SOEs) investment funds in the tourism sector. SOEs have a strategic role in developing national tourism through the management of large-scale assets and investments sourced from separate state assets. However, despite the existence of legal frameworks such as Law No. 19 of 2003 concerning SOEs, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, Law No. 25 of 2007 concerning Investment, and Law No. 10 of 2009 in conjunction with Law No. 6 of 2023 concerning Tourism, there are no specific regulations regarding the prevention, supervision, and action against corruption in SOEs' tourism investments. This legal gap has resulted in overlapping authority between supervisory institutions, weak transparency in financial reports, and the absence of clear indicators to classify acts as criminal acts of corruption in this sector. This study uses a normative juridical method with a statutory and conceptual approach to analyze regulatory gaps, examine international practices such as the provisions of the United Nations Convention against Corruption (UNCAC), and formulate the need for reformulation of specific regulations. The analysis demonstrates the urgency of establishing detailed regulations that address integrated oversight mechanisms, technology-based transparency, proportionate criminal and administrative sanctions, and integrate the role of supervisory institutions to prevent and prosecute corruption from the planning stage through project evaluation. Implementation of these specific regulations is expected to increase legal certainty, investor confidence, and the sustainability of national tourism development.
Assessing the Effectiveness of Legal Protection for Local Communities in Agrarian Disputes Against Local Government in West Bangka Regency Gustami Gustami; Enny Agustina
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.2043

Abstract

This study aims to analyze the effectiveness of legal protection for local communities in agrarian disputes with corporations in West Bangka Regency, as well as to identify both legal and non-legal barriers faced by these communities in securing their land rights. The research is based on the Landbouw land dispute case in Kelapa Subdistrict, West Bangka, which was won by the local community through a decision by the Administrative Court (PTUN) of Pangkalpinang, Case Number 16/G/PTUN.PGP/2025. The research adopts normative and empirical juridical methods, utilizing statute and case approaches along with interviews with relevant stakeholders. The findingsreveal that while normative legal protection exists through national legal instruments, its effectiveness at theimplementation level remains weak. Communities frequently encounter obstacles such as delayed responses from local authorities, lack of legal literacy, and corporate dominance. The study recommends strengthening access to legal aid, improving community advocacy capacity, and enhancing local government commitment to agrarian justice.