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All Journal INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jambura Law Review
Teeraphan, Papontee
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Law, Crime, Criminology & Criminal Justice

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Unmasking Illicit Enrichment: A Comparative Analysis of Wealth Acquisition Under Indonesian, Thailand and Islamic Law Akhmad, Akhmad; Fernando, Zico Junius; Teeraphan, Papontee
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69332

Abstract

Within the context of both countries, influenced significantly by Islamic legal norms, corruption and illicit enrichment are condemned as violations of justice, honesty, and integrity. In Thailand, where the legal framework for handling illicit enrichment is relatively well-structured, these values can be further integrated to enhance transparency and accountability. Shifting the burden of proof, in line with Islamic ethical principles, can imbue the law enforcement process with a robust moral and social dimension. In Indonesia, where the concept of illicit enrichment is not fully articulated in anti-corruption legislation, these values can serve as a foundation to complement the existing legal framework. The KPK, empowered to monitor officials' wealth, can incorporate these principles into its vetting and investigative mechanisms, reinforcing a values-based approach to corruption prevention and prosecution. Applying Islamic teachings in governance and law can provide an ethical underpinning, fortifying existing legal structures. It entails not only introducing new rules but also nurturing a culture of integrity in society and emphasizing the moral responsibility of public officials. By grounding their legal systems in profound Islamic values, both countries can advance their battle against corruption and illicit enrichment, fortify their legal frameworks, and ultimately promote the development of more transparent and accountable governance.
The Urgency of Supervision Institutions in Implementing Prisoners' Rights as an Effort to Restructure Criminal Execution Laws Widyawati, Anis; Maskur, Muhammad Azil; Aisy, Rohadhatul; Teeraphan, Papontee; Setyanto, Heru
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27595

Abstract

This research explores the protective laws and enforcement of human rights in Indonesian correctional facilities, especially by observing systematic problems in exercising the ruling on prisoners' rights.  This study uses a juridical-empirical method based on analyzing legal sources with additional field research to cover what legal contents advocate for in what contexts more effectively. It analyzes primary legal materials,including relevant legislation and gathers empirical data throughinterviews and direct observations. This approach allows for an enhanced understanding of the interplay between legal theory and practice to evaluate the legal framework of prisoners' rights protection critically. The findings reveal significant legal gaps, particularly regarding the unclear constitutional arrangements regarding the separation of powers in the execution of sentences as well as the protection of prisoners' rights. These issue are notably prevalent in correctional institutions in Central Java, which has been the case that the enforcement mechanism has not been running optimally. The analysis identifies systematic violations of prisoners' rights stemming from structural weaknesses in the legal relationships between correctional institutions, courts, and other law enforcement entities. As outlined in the examination of statutory interpretation and legal principles throughout this study, legislative reform is also necessary to better protect prisoners' rights, particularly concerning clarification of institutional authority and improved oversight mechanisms. These findings highlight the necessity for legal harmonization between human rights standards and correctional practices to increase the integrity of the Indonesian criminal justice system.
Anticorruption School: A Solution to Building the Integrity of Judges Kristanto, Kiki; Junius Fernando, Zico; Teeraphan, Papontee
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.45473

Abstract

The anti-corruption school is an essential solution to help build judges' integrity in the era of Industrial Revolution 4.0 and Society 5.0. The era of Industrial Revolution 4.0 and Society 5.0 requires judges to understand and face increasingly complex and diverse legal challenges, including overcoming increasingly sophisticated and well-organized corruption crimes. The research method used is qualitative. The approaches used are the statutory approach, the conceptual approach, the comparative approach, the futuristic approach, and the philosophical approach. The nature of this research is descriptive-prescriptive, and it was analyzed using content analysis. The result of this research is that the anticorruption school model will help strengthen the integrity of judges, promote transparency and accountability, and increase public trust in the judiciary through a comprehensive and integrated approach. The anti-corruption school model could be an effective solution for helping judges face the challenges of the Industrial Revolution 4.0 and Society 5.0. The Anticorruption School is the best model for creating judges' integrity. Judges can acquire the knowledge, skills, and attitudes through structured and systematic education and training to avoid corrupt practices and maintain their integrity as law enforcers.
Co-Authors Akhmad Akhmad Anis Widyawati Fernando, Zico Junius Junius Fernando, Zico Kristanto, Kiki Muhammad Azil Maskur Rohadhatul Aisy Setyanto, Heru