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BANK INDONESIA’S ROLE IN ERADICATING CORRUPTION: ADOPTING THE WORLD BANK INITIATIVES Natamiharja, Rudi; Sabatira, Febryani; Davey, Orima Melati; Khanza, Yuga Narazua
Journal of Central Banking Law and Institutions Vol. 3 No. 1 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i1.32

Bank Indonesia as the primary agent for maintaining state financial stability plays an essential role in combatting corruption through preventive and repressive measures. However, considering the poor state of corruption management, Indonesia requires a more strategic and measurable framework. In this case, The World Bank Group (WBG) has numerous methods for combatting corruption through structured initiatives. The overall goal of the programs is to achieve a high level of transparency as the central bank’s fundamental premise in dealing with corruption. Thus, by adopting the WBG guidelines and initiatives, Indonesia can gradually scale up its corruption eradication efforts. This study will further highlight three areas, namely: (i) the World Bank alternatives for controlling corruption; (ii) the role of Bank Indonesia in eradicating corruption; and (iii) adoption of the World Bank’s alternatives in strengthening Bank Indonesia’s efforts to eradicate corruption. The study uses normative legal research using a regulatory approach with secondary data collection. The results of the study show that Bank Indonesia has thoroughly adopted the World Bank’s initiatives. Nevertheless, BI still needs to optimise technology-based public transparency, enhance public involvement, and strengthen supervision of sectoral-based corruption risk in the future.

Enacting Blue Economy in Indonesia: Addressing Climate Change within Global Legal Framework Sabatira, Febryani; Davey, Orima; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

The World Bank has launched a maritime economic-environmental strategy referred to as the blue economy. This strategic initiative places a strong emphasis on sustainability in marine economic endeavors, aiming to generate both economic and social benefits while protecting the lasting integrity of marine ecosystems amidst the challenges of climate change. The core objective of the blue economy is to notably improve human welfare and social equity while simultaneously reducing environmental risks and ecological scarcities. The relevance of the blue economy concept is especially pronounced in countries with extensive water bodies, such as Indonesia. As an archipelagic state, Indonesia holds significant promise for the development and utilization of marine resources. Leveraging this economic potential holds the potential to create new job opportunities, enhance food security, and support the sustainability of global marine ecosystems. In this regard, adopting a blue economy strategy emerges as a compelling approach to achieve these objectives, especially given that a significant portion of Indonesia's population relies on traditional fishing for their livelihoods. The upcoming research aims to explore two fundamental aspects: firstly, the regulatory framework of the blue economy in relation to climate change, adhering to international legal standards; and secondly, the practical implementation of the blue economy in addressing climate change challenges specific to Indonesia. This research employs a normative research methodology, characterized by a problem-solving approach structured across a series of defined stages.

Law Enforcement in the Recovery of State Funds from Corruption Crimes Kartika, Arie; Jaya, Arizon Mega; Zakiran, Asep Hakim; Jastisia, Mentari; Ashady, Suheflihusnaini; Z.S, Edi Mulyadi; Sabatira, Febryani
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.63799

Corruption are not adequately addressed by the current legal framework, which fails to provide appropriate sanctions or follow the Constitution in dealing with such crimes. Simply imposing prison sentences is insufficient; efforts must also be made to recover state losses incurred due to corruption. there are still significant constraints in the implementation and enforcement of the law. This study aim to analyze how the applicable laws are enforced to recover financial losses incurred by the state in cases of criminal corruption; and identify the factors inhibiting the effective implementation of laws related to the recovery of these financial losses. This study employs both normative legal methods and empirical research. The research results suggest that to restore the country's economy affected by criminal corruption, it is necessary to undertake measures such as the foreclosure of assets owned by the convicted individuals. Sanctions should include not only monetary compensation equivalent to the value of the assets obtained through corruption but also criminal fines and decisions on the confiscation of goods. One major internal constraint in recovering state finances is the tendency of convicts to opt for prison sentences rather than paying damages as determined by the court.

Protecting Indonesia's Communal Intellectual Property Rights: A TWAIL Perspective Putri, Ria Wierma; Sabatira, Febryani; Kasmawati, Kasmawati; Hanumsari, Shafa Raida A.
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.25186

The Third World Approach to International Law (TWAIL) emerges as a critical perspective on the current international legal system, providing a robust framework to aid Indonesia in safeguarding its communal intellectual property rights. This research seeks to emphasize the urgency of adopting TWAIL and elucidates how its application can play a pivotal role in advancing both economic prosperity and social identity in Indonesia. Positioned within a normative juridical framework, this study delves into the TWAIL perspective and its relevance to the protection of Communal Intellectual Property Rights (CIPR). It demonstrates how embracing the TWAIL approach for communal intellectual property rights can establish a legal framework that is more just, inclusive, and respectful of the rights of indigenous communities. By securing strong legal protections at both international and national levels, communities gain the ability to manage their traditional knowledge for commercial use, identifying potential global markets. Consequently, this approach fosters improvement and underscores the potential positive impacts on economic development, particularly in expanding markets and accessing goods.

Exploring the Discourse of Subject in Intellectual Property Rights: Communal Rights in Indonesia Putri, Ria Wierma; Putri, Yunita Maya; Sabatira, Febryani
Simbur Cahaya Volume 30 Nomor 2, Desember 2023
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v30i2.2903

The objective of this study is to expound on the discourse surrounding the categorization of intellectual property rights (IPR) under public and private international law, which has been a topic of contention among legal experts. Through an in-depth analysis of the IPR debate, including public and private case examples, and the contrast between traditional and communal IPR, this study intends to explore Indonesia's perspective towards IPR and communal rights. Indonesia acknowledges communal rights within IPR and has implemented various legal and policy instruments to safeguard them. It is envisaged that the research findings will advance the ongoing discourse on the classification of IPR under public or private international law, and enhance the comprehension of the legal framework governing IPR in Indonesia. This study will also bring into focus the recognition and protection of communal rights in IPR, which is a crucial subject in modern international law.

CLIMATE CHANGE AND INTERNATIONAL LAW: REVIEWING COMMITMENT FROM ASEAN AND EU Sabatira, Febryani; Knudsen, Gustav; Saputra, M. Febriyan
Sriwijaya Crimen and Legal Studies Volume 1 Issue 1 June 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i1.2653

Climate change is a major issue occurring in our time. Global in scope and unprecedented in size, the repercussions of climate change include everything from changing weather patterns that endanger agricultural production to increasing sea levels that raise the possibility of catastrophic flooding. Considering the broad impact of climate change, all parties must take any measure necessary to address this issue, including primary regional organizations, namely the Association of Southeast Asia Nations (ASEAN) and the European Union (EU). This study examines the approach of ASEAN and the European Union regarding climate change that dramatically impacts the country's stability. Research shows that ASEAN-EU cooperation on climate change consists of 3 (three) main collaborations, namely Green Growth and the Environment, ASEAN-EU Statement on the Paris Agreement Reaffirming Commitment to Cooperation to Address the Shared Challenges of Climate Change, and The Second EU-ASEAN High-Level Dialogue on Environment and Climate Change. These forms of cooperation emphasize the commitment of the European Union as an advanced regional organization to support ASEAN in dealing with the impacts of climate change and implementing policies to reduce the use of carbon gas. In addition, the comparison of ASEAN and European Union policies on climate change ASEAN and the European Union is based on indicators according to Article 4 of the UNFCCC, which consists of progress, reduction of carbon gas emissions and greenhouse effects, adaptation and mitigation, and implementation of national policies. In addition, it can be seen that ASEAN policies are more in the form of a framework in conferences that reduce various regulatory instruments with each focus. At the same time, the European Union uses an approach in the form of an action plan that will be integrated into one law on climate change, namely the European Climate Law.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

Enacting Blue Economy in Indonesia: Addressing Climate Change within Global Legal Framework Sabatira, Febryani; Davey, Orima; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.9047

The World Bank has launched a maritime economic-environmental strategy referred to as the blue economy. This strategic initiative places a strong emphasis on sustainability in marine economic endeavors, aiming to generate both economic and social benefits while protecting the lasting integrity of marine ecosystems amidst the challenges of climate change. The core objective of the blue economy is to notably improve human welfare and social equity while simultaneously reducing environmental risks and ecological scarcities. The relevance of the blue economy concept is especially pronounced in countries with extensive water bodies, such as Indonesia. As an archipelagic state, Indonesia holds significant promise for the development and utilization of marine resources. Leveraging this economic potential holds the potential to create new job opportunities, enhance food security, and support the sustainability of global marine ecosystems. In this regard, adopting a blue economy strategy emerges as a compelling approach to achieve these objectives, especially given that a significant portion of Indonesia's population relies on traditional fishing for their livelihoods. The upcoming research aims to explore two fundamental aspects: firstly, the regulatory framework of the blue economy in relation to climate change, adhering to international legal standards; and secondly, the practical implementation of the blue economy in addressing climate change challenges specific to Indonesia. This research employs a normative research methodology, characterized by a problem-solving approach structured across a series of defined stages.

Community participation as a human right: Perspective of Indonesia's nickel downstream on the natural resource curse phenomenon Daryanti, Daryanti; Sudarwanto, Albertus Sentot; Sujadmiko, Bayu; Sabatira, Febryani
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.29453

Introduction to the Problem: Various controversies over Indonesia's nickel downstreaming policy as a government move to add economic value to mining products are important issues that need to be studied. This problem is mainly because Indonesia is a developing country that has abundant natural resources, but has not been able to improve welfare and development for communities in mining areas, especially in the aspect of community participation. This research then highlights the perspective of the Natural Resource Curse (NRC) phenomenon for Third World Approaches to International Law (TWAIL) countries in the paradox of development stemming from the exploitation of natural resources. Purpose/Study Objectives: Community involvement in mining and other industrial activities is needed. This is related to decision making. For example, in Environmental Impact Assessment/ Analisis Mengenai Dampak Lingkungan (AMDAL) and other activities related to the lives and livelihoods of communities around mining activities. The basis of public participation is part of human rights as stated in the Constitution and International Conventions that have been ratified by Indonesia. Design/Methodology/Approach: This research uses legal normative research by examining legislation regarding nickel downstreaming as stated in Law No. 30 of 2020 on the Second Amendment to Law No. 4 of 2009 On Mineral and Coal Mining and Law No 6 of 2023 on Cipta Kerja, Findings: The findings in this study show the lack of community involvement in mining and other industrial activities in Indonesia. The existence of community participation as a human right is necessary to achieve a balance of economic growth and environmental protection as an anti-thesis to the curse of natural resources. In addition, governance and enforcement and supervision by the government in the mining sector need to be carried out effectively. Paper Type: Research Article

Legal and Political Advocacy in Renewable Energy Governance: Strengthening Policy Effectiveness in Indonesia Daryanti, Daryanti; Sudarwanto, Albertus Sentot; Candrakirana, Rosita; Sabatira, Febryani
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.13039

Legal advocacy and political policy influence on every decision-making related to renewable energy in the government have implications for whether or not the targets and objectives of the policy are achieved to answer the problems and needs that exist in society. In encouraging the development of New Renewable Energy (NRB), Indonesia reflects through the NRB Bill and its derivative regulations. The effectiveness of this policy is influenced by Indonesia's political direction to seek to reduce emissions. Political policies that are implemented based on the effectiveness of renewable energy governance in the form of good governance can encourage Indonesia to achieve targets and efforts in producing energy from NRB in 2030. This effort also encourages the government to achieve the national NRB target of 34% or an increase of 10.6% from the previous target. Legal advocacy efforts encourage the fulfilment of people's rights to obtain, access and benefit from the management of natural resources for renewable energy in the form of the implementation of government policies related to renewable energy.

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