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All Journal Journal Evidence Of Law PENA LAW: International Journal of Law
Teepapal, Tanawat
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Authority Of The Connextity Court In Corruption Cases to Realize Legal Certainty Soeseno, Ambar; Wibobo, Basuki Resko; Teepapal, Tanawat
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.924

Abstract

: This research discusses the authority of the connexity court in handling corruption cases involving military personnel as an effort to realize legal certainty in Indonesia. Data from the Corruption Eradication Commission shows that corruption in Indonesia, including those involving the military, often faces law enforcement obstacles due to overlapping jurisdictions between the Corruption Eradication Commission and military institutions. This research highlights the urgency of reform in the authority of the connexity court to overcome legal uncertainty caused by jurisdictional dualism. Based on an analysis of the theory of legal certainty, the theory of authority, and the theory of connexity, it is found that the current regulations have not been able to provide the Corruption Eradication Commission with full authority in the investigation and prosecution of connexity corruption cases. This study identifies a significant research gap, namely the lack of studies that specifically discuss connexity trials in the context of corruption involving the military. Therefore, this research aims to analyses the current regulation and implementation of the authority of the connexity court, as well as provide policy recommendations to improve existing regulations. Thus, the results of this study are expected to contribute to legal reform in Indonesia, especially in eradicating corruption that is more effective and consistent, and realizing better legal certainty.
UNCOVERING INTENT: REASSESSING THE ROLE OF MOTIVE IN THE PUNISHMENT OF PREMEDITATED MURDER IN INDONESIA Christine, Christine; Kristiawanto, Kristiawanto; Teepapal, Tanawat
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.223

Abstract

The sentencing of premeditated murder cases in Indonesia has so far emphasized the elements of planning and the consequences of the act, but has paid little attention to the perpetrator's motive as a reflection of the degree of culpability. In many progressive legal systems, however, motive is considered important in assessing the extent to which criminal intent (mens rea) contributes to the quality of a criminal act. This study aims to reassess the role of motive in the sentencing of premeditated murder under Article 340 of the Criminal Code, and to propose an evaluative model that can be used to enhance substantive justice in Indonesia's criminal justice practice. Using a legal-normative method and a qualitative approach to twenty court decisions selected purposively (period 2018–2024), it was found that in 70% of cases, motive was not considered as a legal factor in the court’s decision. Motives were merely mentioned in the chronology without legal weight. However, in criminal law practice in Germany and the Netherlands, motives serve as the basis for classifying murder and determining criminal sanctions. This study developed a conceptual model that categorizes motives into three categories: rational-emotional, manipulative-opportunistic, and pathological, each with its own evaluative implications for sentencing. This study recommends that motives be integrated into national sentencing guidelines and incorporated into judicial training based on contextual justice. In this way, Indonesia's sentencing system can become more humane, fair, and aligned with the values of substantive justice.
THE PROBLEM OF RECOGNIZING MINANGKABAU COMMON LAND OWNERSHIP RIGHTS BETWEEN THE MATRILINEAL SYSTEM AND INDONESIAN LEGISLATION: THE PROBLEM OF RECOGNIZING MINANGKABAU COMMON LAND OWNERSHIP RIGHTS BETWEEN THE MATRILINEAL SYSTEM AND INDONESIAN LEGISLATION Chandra, Heru; Iriantoro, Agung; Teepapal, Tanawat
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.234

Abstract

The communal land ownership system of the Minangkabau indigenous legal community based on the matrilineal system faces fundamental misalignment with Indonesia's national land law regulations. This research analyzes the characteristics of ulayat land ownership system based on Minangkabau customary law and its misalignment with UUPA. The research method employs a normative juridical approach with legislative analysis and literature study. The results show that Minangkabau ulayat land ownership system has unique characteristics in the form of hereditary communal ownership through maternal lineage with separation of rights and ownership concepts in the philosophy “hak bamiliek harato bapunyo, hak nan banampuharapo nan bamiliek”. The three-tiered hierarchical structure of nagari, tribal, and clan ulayat lands is managed based on the principle of “gangam bauntuak pagang bamasiang” which does not recognize the concept of buying and selling. Misalignment occurs because UUPA adopts an individual ownership paradigm that contradicts the Minangkabau communal system. Regulation through PP 18 of 2021 which enables the transformation of ulayat land into management rights actually creates a legal certainty paradox and potentially destroys the communal ownership system. The fragmentation of ulayat land to only 8.38% remaining intact reflects the failure of legal harmonization. A reconstruction of the national agrarian law paradigm is needed that can accommodate communal ownership characteristics without eliminating the essence of indigenous cultural values.
Co-Authors Agung Iriantoro Chandra, Heru Christine Christine Kristiawanto, Kristiawanto Soeseno, Ambar Wibobo, Basuki Resko