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All Journal Jurnal Cita Hukum Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Legal Reasoning Jurnal Ilmu Hukum KYADIREN Mulawarman Law Review International Journal of Social Service and Research Pancasila: Jurnal Keindonesiaan Journal Evidence Of Law Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Jurnal Lemhannas RI Journal of Law, Poliitic and Humanities PENA LAW: International Journal of Law Yuris: Journal of Court and Justice Tasyri' Jurnal Serina Abdimas Pancasila Law Review
Adnan Hamid
Fakultas Hukum, Universitas Pancasila
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Journal Evidence Of Law

 1 
Protection of Advocates Immunity Rights in The Criminal Code: Between Legal Certainty and Justice Subri, Anderson; Hamid, Adnan; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1599

Abstract

The protection of advocates’ immunity rights is a fundamental aspect of ensuring their role as independent and equal law enforcers within the criminal justice system. In Indonesia, advocate immunity is regulated under Article 16 of Law No. 18 of 2003 on Advocates and was further interpreted by the Constitutional Court Decision No. 26/PUU-IX/2013 to extend beyond courtroom proceedings. However, the emergence of the Criminal Code (KUHP) raises new debates regarding the explicit recognition and operational guarantees of such rights. This study aims to analyze the normative position of advocate immunity in the KUHP and assess its implications for legal certainty and the pursuit of justice. Employing a normative legal approach and comparative analysis with other legal systems, the research finds that the current lack of clear and explicit provisions protecting advocates’ immunity in the KUHP is a notable deficiency. This legal gap may weaken the position of advocates and expose them to risks of criminalization in the performance of their professional duties. Therefore, this paper recommends a clearer normative formulation that ensures adequate protection for advocates while upholding a balanced realization of legal certainty and substantive justice in Indonesia’s criminal justice system.
The Transformation of State-Owned Enterprise Monopolies and Healthy Market Competition in Bulding Harmonization of Business Competition Law Joyo Santoso, Budi; Hamid, Adnan; Suasoongnern, Sineenart
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1608

Abstract

The 1945 Constitution, Article 33(2), establishes the state as the controller of important branches of production for the welfare of the people, but its implementation has continued to shift in line with political regime dynamics, from the command economy model of independence to the corporatization of state-owned enterprises (SOEs) under the New Order and the post-1998 crisis reforms that emphasized healthy competition. The latest debate has emerged from Law No. 1/2025 on SOEs, which grants the President discretionary monopoly powers through Government Regulations without competition impact assessments by the Competition Commission (KPPU), while Law No. 5/1999 requires SOE monopolies to be regulated by law and supervised by the KPPU. The main issue is the normative disharmony between executive monopoly rights and independent oversight mechanisms, which creates legal uncertainty, potential inefficiency, and rent-seeking risks. This study employs a normative-analytical legal approach with literature review and analysis of primary, secondary, and tertiary legal documents, integrating the statute approach and conceptual approach to unravel the relationship between the constitutional framework, monopoly policy, and the principle of fair competition. The findings indicate that Article 86M of Law 1/2025 expands executive discretion without adequate checks and balances, while Law 5/1999 provides a strict oversight framework through the KPPU. The discussion emphasizes the urgency of regulatory harmonization through systematic revision of Article 86M, including mandatory consultation with the KPPU, a sunset clause, and a competition impact assessment, as well as strengthening the independence and advisory role of the KPPU. The implementation of Good Corporate Governance, objective criteria for “national interest,” and periodic evaluation mechanisms will ensure that state-owned enterprise monopolies function in accordance with the objectives of the welfare state without undermining the competitive environment. A phased implementation model over 10 years recommends normative, institutional, operational, and democratic arrangements to achieve a balance between state intervention and sustainable market mechanisms.
Reformulating the Governance of Carbon Economic Value Based on Pancasila Ethics and Climate Justice to Address Inequality and Prevent Crimes in Indonesia’s Carbon Trading Soeharso, Silverius Y.; Surono, Agus; Hamid, Adnan; Rangsimanop, Phattharawadee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1707

Abstract

This article critically examines the urgency of reformulating the governance framework of Carbon Economic Value (CEV) in Indonesia by integrating the ethical principles of Pancasila as Indonesia’s national ideology and climate justice. The increasing risks of inequality, greenwashing, and transnational environmental crimes in voluntary and compliance carbon markets demand a just, adaptive, and integrity-based legal approach. By highlighting the current regulatory gaps and institutional weaknesses, this paper proposes a hybrid legal framework for carbon trading, anchored in Indonesia’s national ideology, environmental law, and behavioral economic approaches. The article concludes with specific policy recommendations and outlines a roadmap for legislative reform to ensure Indonesia's carbon governance is both globally competitive and locally just.
Co-Authors Adilla Meytiara Intan Agung Iriantoro Agus Surono Akkapin, Supaphorn alma, aurellia Arsil, Thomas athalla, muhammad fakhri Bagja, Muhammad Soleh Bahuri, Firli Benjamin, Irfan Budi Joyo Santoso Deswanta, Andi Dwi Sasongko, Baried Fitra, Deni Hamidah, Wanda Hendriadi, Martin Triadmaja Irwansyah Irwansyah Joyo Santoso, Budi Komandoko, Kukuh Kunthi Tridewiyanti Kurniawan, Yunan Prasetyo Musimin, Suyono Myrna A. Safitri, Myrna A. Myrna Asnawati Safitri Nurhadi, Dedi Rangsimanop, Phattharawadee Ricca Anggraeni Rini, Dian Puspito Rury Octaviani Santoso, Roni Joyo Silverius Y. Soeharso Simatupang, Alan Yohansyah Sonyendah Retnaningsih, Sonyendah Suasoongnern, Sineenart Subri, Anderson Syahrina R, Nurul Ain Widhayaka, Unggul Wibawa