Mahoro, Jean Claude Geofrey
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Barriers to the Enforcement of Environmental Law: An Effect of Free Market Domination and Regional Autonomy in Indonesia Mahoro, Jean Claude Geofrey; Samekto, F.X. Adji
Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i1.1896

Abstract

This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia. 
WHEN MEN ARE VICTIMS: POWER, HEGEMONIC MASCULINITY, AND THE EPISTEMIC LIMITS OF JUSTICE IN INDONESIAN SEXUAL VIOLENCE LAW Nugroho, Mohammad Shandy; Hardiyanti, Marzellina; Mahoro, Jean Claude Geofrey
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.201-240

Abstract

This study critically examines the treatment of sexual violence against men within the framework of Indonesian criminal law, highlighting the persistent influence of hegemonic masculinity on legal culture and courtroom practices. Historically, Indonesian law has constructed sexual violence through a gendered lens that positions men as active perpetrators and women as passive victims, thereby marginalising male victims and limiting societal and institutional recognition. Despite normative reforms, including the Sexual Violence Criminal Law and the New Criminal Code, which adopt gender-neutral definitions and acknowledge coercion, power dynamics, and non-physical forms of violence, the implementation of these laws remains constrained by patriarchal legal culture. Using a Foucauldian feminist approach, the study demonstrates that courts often privilege physical evidence and linear narratives of trauma, thereby subordinating the psychological and relational dimensions of male victimisation. Empirical cases, including sexual violence against a male student in Batu City and the victimisation of 43 boys in a religious educational institution in Agam Regency, illustrate how judicial masculinity operates to standardise rationality, depoliticise power relations, and symbolically protect patriarchal norms. Male victims are compelled to negotiate their masculinity, conform to societal expectations, and substantiate trauma within a framework biased toward physical proof. The study further contextualises these dynamics internationally, comparing the recognition of male rape in jurisdictions such as the United Kingdom, the United States, and the International Criminal Court, underscoring the global persistence of gendered assumptions that impede legal acknowledgment and social support for male victims. The analysis concludes that achieving substantive gender justice requires a transformation of the epistemology of legal practice: courts must reconceptualise sexual violence as a mechanism of domination and social control rather than an anomaly, and recognise male vulnerability without pathologisation. Only through integrating legal cultural analysis, trauma-informed evidence evaluation, and awareness of hegemonic masculinity can the law substantively protect male victims and dismantle the structural biases that perpetuate the marginalisation of men within sexual violence discourse.