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STRIKING A BALANCE: NAVIGATING PEACE, JUSTICE, AND RESTORATIVE JUSTICE IN INDONESIAN PROSECUTORIAL PROCESS Ridwan Arifin; Idris, Siti Hafsyah; Munandar, Tri Imam; Nte, Ngaboawaji Daniel
The Prosecutor Law Review Vol 1 No 3 (2023): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v1i3.25

This paper connects with the principles of restorative justice by highlighting the intricate dynamics of prosecutorial decision-making in post-conflict Indonesia. Restorative justice emphasizes repairing harm and rebuilding relationships in the aftermath of conflict, aligning with the challenges faced by prosecutors in balancing peace and justice. In the Indonesian legal landscape, the delicate task of reconciling the need for accountability with the goals of reconciliation is evident. The study’s focus on specific cases and the examination of factors influencing prosecutorial choices underscore the importance of a comprehensive understanding of the complexities surrounding the peace versus justice dilemma. Restorative justice principles often emphasize dialogue, inclusion, and community engagement, which can be crucial in societies dealing with the aftermath of conflict. The multi-dimensional approach employed in the research, integrating legal, ethical, and socio-political perspectives, resonates with the holistic nature of restorative justice. By shedding light on the challenges prosecutors face in navigating this delicate balance, the paper contributes to the broader discourse on transitional justice. Restorative justice seeks to address the root causes of conflict and promote healing within communities, and this paper's insights into the nuanced considerations of prosecutors offer a valuable contribution to both academic discussions and a deeper understanding of the challenges inherent in balancing peace and justice within the Indonesian legal context. Ultimately, the study aligns with the restorative justice framework by emphasizing the importance of a thoughtful and inclusive approach to justice in post-conflict societies.

International Legal Instruments in Responding to Human Trafficking Arifin, Ridwan; Lemuel, Yehezkiel; Nte, Ngaboawaji Daniel
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.22137

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally. KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.

The Role of Legal Empowerment Based Advocacy for Rural Communities on Structural Social Inequality Tama, Rifqi Anugrah; Ikrom, Mohamad; Dixon, Edward; Nte, Ngaboawaji Daniel; Idris, Siti Hafsyah
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.68240

Indonesia is a portrait of a legal state, the rights of the people have been protected by the Constitution, contained in the 1945 Constitution of the Republic of Indonesia. Substantially regarding advocacy assistance to the community is regulated in Article 28 of the Constitution of the Republic of Indonesia "Everyone has the right to recognition, guarantee, protection, and legal certainty that is fair and equality before the law". In order to realize what has been mandated by Constitution, the government then issued a Law on Legal Aid, namely Law Number 16 of 2011 which was later referred to as the Law on Legal Aid. This research is specifically to analyze the application provision of legal aid given the role of the advocacy party legal Empowerment Based for Rural Communities Against Structural Social Inequality. This is the extent of the government's attention to upholding justice and eradicating structural social inequalities in rural communities. Viewed from the point of view of the method used, this type of research/approach is a type of normative legal research. The Normative Approach is research that looks at positive legal aspects as well as documents and statutory regulations. Also called doctrinal legal research, namely legal research that uses secondary data.

The Role of Legal Empowerment Based Advocacy for Rural Communities on Structural Social Inequality Tama, Rifqi Anugrah; Ikrom, Mohamad; Dixon, Edward; Nte, Ngaboawaji Daniel; Idris, Siti Hafsyah
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29864

Indonesia is a portrait of a legal state, the rights of the people have been protected by the Constitution, contained in the 1945 Constitution of the Republic of Indonesia. Substantially regarding advocacy assistance to the community is regulated in Article 28 of the Constitution of the Republic of Indonesia "Everyone has the right to recognition, guarantee, protection, and legal certainty that is fair and equality before the law". In order to realize what has been mandated by Constitution, the government then issued a Law on Legal Aid, namely Law Number 16 of 2011 which was later referred to as the Law on Legal Aid. This research is specifically to analyze the application provision of legal aid given the role of the advocacy party legal Empowerment Based for Rural Communities Against Structural Social Inequality. This is the extent of the government's attention to upholding justice and eradicating structural social inequalities in rural communities. Viewed from the point of view of the method used, this type of research/approach is a type of normative legal research. The Normative Approach is research that looks at positive legal aspects as well as documents and statutory regulations. Also called doctrinal legal research, namely legal research that uses secondary data.

Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties Aulya, Layla Putri; Arifin, Ridwan; Sabri, Zaharuddin Sani Ahmad; Nte, Ngaboawaji Daniel
International Law Discourse in Southeast Asia Vol. 3 No. 1 (2024): Regional Cooperation and Legal Frameworks: Combating Corruption, Pollution, and
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.35116

This paper delves into the proactive measures adopted by Interpol to counter the pervasive issue of human trafficking, focusing specifically on the activities of non-procedural migrant worker networks in East Nusa Tenggara. Human trafficking remains a grave violation of human rights globally, with vulnerable migrant workers often falling victim to exploitation and abuse. In regions like East Nusa Tenggara, where such networks operate with relative impunity, concerted efforts are necessary to dismantle their operations and bring perpetrators to justice. Interpol plays a crucial role in this endeavor by leveraging legal assistance treaties to enhance international cooperation in combating transnational crimes, including human trafficking. Through these treaties, Interpol facilitates information exchange, joint investigations, and coordinated law enforcement actions among member countries, thereby strengthening the collective response to this multifaceted challenge. In East Nusa Tenggara, where the complexities of jurisdiction and cross-border activities complicate law enforcement efforts, Interpol's involvement becomes particularly significant. By collaborating with local law enforcement agencies and leveraging its global network of resources, Interpol can identify, disrupt, and dismantle the networks involved in human trafficking. This paper will explore the mechanisms through which Interpol utilizes legal assistance treaties to support investigations, apprehend perpetrators, and rescue victims of human trafficking in East Nusa Tenggara. Additionally, it will assess the effectiveness of these strategies in mitigating the impact of non-procedural migrant worker networks and advancing the overarching goal of eradicating human trafficking. Through a comprehensive analysis of Interpol's efforts in this context, this paper aims to contribute to the discourse on international law enforcement cooperation and the fight against human trafficking.

AI in Administrative Dispute Resolution: Exploring Opportunities and Risks Wibowo, Esa Maulana; Nte, Ngaboawaji Daniel; Kusuma, Bagus Hendradi
Indonesian State Law Review Vol. 7 No. 2 (2024): Indonesian State Law Review, October 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v7i2.18877

The integration of Artificial Intelligence (AI) into the resolution of administrative disputes presents both significant opportunities and potential risks within the legal framework. As administrative courts globally face growing caseloads and demands for faster, more efficient decision-making, AI offers a promising solution for enhancing the speed, accuracy, and consistency of legal processes. This research explores the potential applications of AI in Indonesia's administrative justice system, focusing on its role in case management, decision support, and predictive analytics. The findings highlight several key opportunities, including AI’s potential to streamline case processing, reduce human error, and improve access to justice by automating routine tasks. Additionally, AI can help predict legal outcomes based on data-driven insights, offering both practitioners and courts valuable tools to enhance decision-making. However, the study also identifies significant risks, such as the potential for bias in algorithmic decision-making, lack of transparency, and concerns over the loss of human oversight in critical legal decisions. These risks may undermine the fairness and accountability of administrative dispute resolution. The novelty of this research lies in its focus on the intersection of AI and administrative law, offering a fresh perspective on how emerging technologies can be harnessed to improve judicial efficiency while addressing the inherent challenges. The urgency of this exploration is underscored by the increasing demand for reforms in administrative justice systems. This study contributes valuable insights for policymakers and legal professionals on how to balance innovation with safeguards to ensure AI’s responsible and equitable use in administrative dispute resolution.

Corruption Prevention Efforts in the National Strategic Program Through the Strategic Development Security Program Nasrulloh, Rully; Widyawati, Anis; Nte, Ngaboawaji Daniel
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.2493

This research examines the Strategic Development Security Program (SDSP) within Indonesia's National Strategy under President Joko Widodo's administration, focusing on its role in preventing corruption in national and regional strategic projects. The SDSP represents a novel approach that combines strategic development with advanced security frameworks, offering a comprehensive solution to corruption. This study employs normative research methods, including extensive library research, to analyze the SDSP's implementation, particularly the mechanisms established by the Attorney General's Office as outlined in the Guidelines Number 5 of 2023 and Technical Instructions Number B-1450/D/Ds/09/2023. The urgency of this research is underscored by the growing need to enhance transparency and accountability in development efforts, amid rising concerns over corruption's impact on governance and societal welfare. The SDSP's innovative integration of real-time monitoring, risk assessment, and adaptive policy measures is critical in addressing these challenges. The research highlights the effectiveness of the SDSP in securing strategic development projects and its alignment with official guidelines and procedural frameworks designed to prevent corruption. By evaluating the SDSP’s mechanisms and their practical application, this study contributes valuable insights into improving anti-corruption strategies and governance frameworks. The findings aim to inform policymakers, refine anti-corruption efforts, and offer a model for similar initiatives globally. The research underscores the importance of adaptive, integrated approaches to safeguarding institutional integrity and promoting sustainable development, thus providing a significant contribution to both national and international anti-corruption discourse.

Interpol’s Efforts Against Human Trafficking by Non-Procedural Migrant Worker Networks in East Nusa Tenggara: Leveraging Legal Assistance Treaties Aulya, Layla Putri; Arifin, Ridwan; Sabri, Zaharuddin Sani Ahmad; Nte, Ngaboawaji Daniel
International Law Discourse in Southeast Asia Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i1.78884

This paper delves into the proactive measures adopted by Interpol to counter the pervasive issue of human trafficking, focusing specifically on the activities of non-procedural migrant worker networks in East Nusa Tenggara. Human trafficking remains a grave violation of human rights globally, with vulnerable migrant workers often falling victim to exploitation and abuse. In regions like East Nusa Tenggara, where such networks operate with relative impunity, concerted efforts are necessary to dismantle their operations and bring perpetrators to justice. Interpol plays a crucial role in this endeavor by leveraging legal assistance treaties to enhance international cooperation in combating transnational crimes, including human trafficking. Through these treaties, Interpol facilitates information exchange, joint investigations, and coordinated law enforcement actions among member countries, thereby strengthening the collective response to this multifaceted challenge. In East Nusa Tenggara, where the complexities of jurisdiction and cross-border activities complicate law enforcement efforts, Interpol's involvement becomes particularly significant. By collaborating with local law enforcement agencies and leveraging its global network of resources, Interpol can identify, disrupt, and dismantle the networks involved in human trafficking. This paper will explore the mechanisms through which Interpol utilizes legal assistance treaties to support investigations, apprehend perpetrators, and rescue victims of human trafficking in East Nusa Tenggara. Additionally, it will assess the effectiveness of these strategies in mitigating the impact of non-procedural migrant worker networks and advancing the overarching goal of eradicating human trafficking. Through a comprehensive analysis of Interpol's efforts in this context, this paper aims to contribute to the discourse on international law enforcement cooperation and the fight against human trafficking.

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