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All Journal MAGISTRA Law Review Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Kossay, Methodius
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Hakim: Jurnal Ilmu Hukum dan Sosial

 1 
Evaluasi Implementasi Hukum Pidana terhadap Kasus Kejahatan Lingkungan di Kawasan Hutan Lindung: Studi Kualitatif-Etnografis Kossay, Methodius; Putra, Rengga Kusuma; Salwa, Athiyah
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2166

Abstract

Protected forests play a crucial role in preserving biodiversity and mitigating climate change. However, these areas face increasing threats from illegal activities, such as logging and land encroachment, which compromise environmental stability and result in significant economic losses. This study evaluates the implementation of criminal law in addressing environmental crimes within Indonesia's protected forest areas, focusing on the effectiveness and challenges encountered in enforcement. A qualitative ethnographic approach was employed, involving direct observation, in-depth interviews, and focus group discussions (FGDs) with local communities, law enforcement officials, and other stakeholders. The findings reveal that the effectiveness of law enforcement is hindered by several key factors: economic dependency on illegal activities, limited capacity and resources of law enforcement agencies, and external pressures from vested interests. Additionally, the lack of public awareness and inconsistent legal implementation exacerbate these challenges. Despite existing regulations, enforcement remains insufficient to deter environmental crimes or provide lasting protection for critical ecosystems. This study contributes to the understanding of the socio-economic and cultural dynamics that influence the effectiveness of environmental law enforcement. It underscores the need for a holistic strategy that integrates legal, economic, and community-based approaches. Recommendations include strengthening the capacity of law enforcement agencies, fostering public awareness through educational programs, and involving local communities and traditional leaders in collaborative conservation efforts. By addressing these gaps, the research provides actionable insights to enhance the preservation of protected forests in Indonesia and supports the development of more sustainable and inclusive environmental policies
Pemanfaatan Hukum Internasional dalam Penyelesaian Sengketa Laut China Selatan: Analisis dengan Pendekatan Doktrinal Soeparan, Poppy Fitrijanti; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2189

Abstract

The South China Sea is a strategic region of global significance, both economically and geopolitically. It serves as a major global trade route, with over 30% of global trade passing through it annually. Additionally, the South China Sea is rich in natural resources, including oil, gas, and abundant marine products. However, overlapping territorial claims among countries such as China, the Philippines, Vietnam, Malaysia, Brunei, and Indonesia have triggered prolonged geopolitical tensions. This study aims to analyze the role of international law, particularly UNCLOS 1982, as the primary framework for resolving these disputes. Using a doctrinal approach, the study examines primary legal documents, such as UNCLOS 1982, the 2016 Arbitration Award, and ASEAN agreements. Data shows an average of 15 annual conflicts in the South China Sea over the past decade, with a significant increase from 5 cases in 2014 to 25 cases in 2023. While UNCLOS 1982 provides a clear legal framework, non-compliance with arbitration rulings, such as China's refusal to adhere to the 2016 ruling, highlights weaknesses in enforcement mechanisms and sanctions. This study emphasizes that multilateral approaches based on international law, supported by regional mechanisms like ASEAN, have yet to achieve full effectiveness. The findings offer strategic recommendations, including reforming international sanction mechanisms and strengthening ASEAN frameworks to support conflict resolution and ensure sustainable stability in the region
Legal Issues in the Supervision and Enforcement of Professional Ethics for Advocates in Indonesia Raharjo, Budi; Putra, Rengga Kusuma; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2287

Abstract

The supervision and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, impacting the effectiveness of the existing regulatory framework. The number of ethical violations committed by advocates has been increasing, from 120 cases in 2018 to 345 cases in 2023, with the most prevalent infractions including conflicts of interest, abuse of authority, and gratification. One of the primary factors contributing to the weak enforcement of the code of ethics is the limited oversight system, which remains confined to advocate organizations without the involvement of independent institutions. This study aims to analyze the effectiveness of the advocate supervision system in Indonesia, compare it with best practices in other countries, and identify measures that can be implemented to enhance accountability and transparency within the profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis is conducted on existing regulations, case reports on violations, and interviews with key stakeholders, including advocates, clients, and legal observers. The findings reveal that only 40% of reported violations result in strict sanctions, while merely 10% of advocates found guilty of ethical misconduct face license revocation. Additionally, a survey of 500 respondents indicates that only 35% of the public is aware of the complaint procedures against advocates who breach ethical standards, highlighting the low level of transparency in the supervision system. This study contributes to the discourse by recommending the establishment of an independent institution to oversee advocates' compliance with ethical standards, as well as the increased utilization of digital technology in the supervision system. With more transparent and accountable oversight reforms, it is expected that ethical violations within the legal profession can be minimized, thereby strengthening public trust in Indonesia’s legal system
Analisis Hukum terhadap Klaim Greenwashing Akuntabilitas Hukum di Era Branding Berkelanjutan Raharjo, Budi; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/sp9aj288

Abstract

Greenwashing poses significant challenges to sustainability initiatives in Indonesia, where weak regulatory frameworks and inconsistent enforcement exacerbate the issue. This study explores the interplay between greenwashing practices and legal regulations, aiming to identify gaps and propose solutions to address the problem. Employing a qualitative case study design, the research utilized document analysis, semi-structured interviews, and content observation to gather data from multiple stakeholders, including legal experts, industry practitioners, and consumer organizations. The findings reveal that 55% of sustainability claims in marketing materials lack verifiable evidence, highlighting transparency as a critical concern. Weak regulatory oversight and the absence of standardized definitions for terms like "sustainable" or "eco-friendly" further complicate the issue. The study identifies transparency, monitoring, and legal accountability as key themes requiring immediate attention. The research contributes to the existing literature by integrating legal perspectives with sustainable branding strategies, particularly in the context of developing countries. It also underscores the need for regulatory reforms that emphasize clear standards and stringent sanctions. Practical implications include recommendations for regulators to enhance oversight mechanisms and for companies to prioritize transparency to gain consumer trust. Future research should explore the effectiveness of standardized sustainability metrics and evaluate cross-country regulatory frameworks. This study offers a comprehensive foundation for addressing greenwashing and fostering authentic sustainability practices.
Co-Authors Budi Raharjo Dalimunteh, Nur Amannah Idris, Maulana Fahmi Putra, Rengga Kusuma Putri Pratiwi Salwa, Athiyah Sitompul, Abdul Romadon Soeparan, Poppy Fitrijanti Suwardi