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All Journal agriTECH Journal of Judicial Review Jurnal DIALEKTIKA : Jurnal Ilmu Sosial Agroindustrial Journal JURNAL HUKUM STAATRECHTS Referendum Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Wagiman Wagiman
Unknown Affiliation
Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Terrorism Law Enforcement in Indonesia: Integrating Pancasila in The Fight Against Modern Threats Muhamad Zarkasih; Sri G M Hatta; Timbo Mangaranap Sirait; Wagiman Wagiman
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.767

Abstract

The evolving threat of terrorism in Indonesia has led to the development of counterterrorism laws aimed at combating both domestic and international terrorist activities. Since the Bali bombings in 2002, Indonesia has enacted a series of legal frameworks, such as Law No. 15 of 2003 and its amendments through Law No. 5 of 2018. However, these laws have raised significant concerns about human rights violations, especially regarding the treatment of detainees, preventive detention, and arbitrary arrests. This study adopts a qualitative research methodology, combining doctrinal legal analysis and empirical data gathered from interviews with legal experts, policymakers, and practitioners. It critically examines the compatibility of Indonesia’s counterterrorism laws with international human rights standards, focusing on their implementation, particularly in relation to the fundamental values of Pancasila—the state ideology of Indonesia, which emphasizes social justice, unity, and human dignity. The results highlight several key challenges, such as the need for stronger oversight mechanisms, more effective deradicalization programs, and a comprehensive approach to online radicalization. The study concludes with recommendations for integrating Pancasila principles more thoroughly into counterterrorism strategies, strengthening international cooperation, and ensuring that security measures do not infringe upon individual rights. By addressing these issues, Indonesia can enhance the effectiveness of its counterterrorism efforts while adhering to its commitment to human rights and social justice.
Peningkatan Peran “Konsiliasi” dalam Alternatif Penyelesaian Sengketa di Indonesia Wagiman Wagiman; Sukh Pawen Jit Kaur
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.988

Abstract

Conciliation is one form of Alternative Dispute Resolution (ADR) that holds great potential for resolving disputes efficiently, participatively, and peacefully outside the courtroom. However, in the Indonesian legal practice, the role of conciliation remains limited and is less popular compared to mediation and arbitration. The main obstacles hindering the development of this mechanism include low public and legal practitioners' awareness, the absence of adequate technical regulations, and the lack of professional conciliation institutions. In fact, conciliation aligns well with Indonesia's legal culture that emphasizes deliberation and consensus. The purpose of this article is to examine the effectiveness of the legal framework for conciliation in Indonesia, identify the barriers to its implementation, and formulate strategies to strengthen conciliation within the national legal system. This study employs a normative juridical method with a statutory and doctrinal approach, complemented by analysis of applicable legislation and legal literature. The findings reveal that conciliation lacks a strong and operational legal framework. The absence of procedural standards, supervisory mechanisms, and training systems for conciliators hampers its effectiveness. On the other hand, conciliation has great potential to reduce the burden on courts, expedite dispute resolution, and preserve good relationships between parties. The article concludes that a comprehensive legal reform is urgently needed, including specific regulations, the establishment of independent conciliation institutions, and public education, so that conciliation can play a strategic role in the national dispute resolution system.
Human Rights and International Accountability of States in the Climate Crisis (Reconstruction of the Loss and Damage Principle Following the Latest Developments of the Cop) Wagiman Wagiman; Adriansyah Halim
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 24 No. 1 (2026): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v24i1.966

Abstract

The global climate crisis has transformed from an environmental issue into a fundamental human rights issue, directly impacting the rights to life, health, food, water, and a good and healthy environment. These impacts are disproportionately felt by developing countries, including the ASEAN region, despite their relatively small historical contribution to global emissions. In this context, the strengthening of the principle of loss and damage following the latest developments at the Conference of the Parties (COP) marks an effort by the international community to affirm the dimension of state international responsibility for loss and damage caused by climate change. However, this principle still faces conceptual, normative, and implementative problems within the international legal regime. This study aims to analyze the climate crisis as a human rights issue and reconstruct the principle of loss and damage within the framework of state international responsibility, by reviewing the comparative national legal arrangements of ASEAN countries and international law. The research method used is normative juridical with conceptual, legislative, and comparative approaches, through an analysis of international legal instruments, the latest COP policies, and national regulations in the ASEAN region. The results show that the strengthening of loss and damage after the latest COP reflects a paradigm shift in climate law from a voluntary commitment-based approach to a human rights-oriented climate justice approach. However, the absence of binding legal instruments weakens state accountability mechanisms. This research emphasizes the philosophical novelty of integrating human rights as the legitimate basis for state international accountability in the climate crisis. This research recommends strengthening binding international legal norms and harmonizing ASEAN national policies based on climate justice and human rights.
Co-Authors A.M. Madyana Adi Kusuma Adriansyah Halim Elza Syarief, Elza Firda Safira Yulianti Guntarti Tatik Mulyati Lindasari Novianti Moh Wahyudin Muhamad Zarkasih Raja Syaiful Anwar Ratu Intan Putri Rendra Topan Rina Shahriyani Shahrullah Sri G M Hatta Suharyati Suharyati Sukh Pawen Jit Kaur Surya Rizal Timbo Mangaranap Sirait Yovita Yovita