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All Journal Pandecta JURNAL LITIGASI (e-Journal) Management Analysis Journal Jurnal Akta INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Jambura Law Review Law Research Review Quarterly AMNESTI : Jurnal Hukum PAMALI: Pattimura Magister Law Review Jurnal Altifani Penelitian dan Pengabdian kepada Masyarakat Contemporary Issues on Interfaith Law and Society Annual Review of Legal Studies "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies) Law Research Review Quarterly
Muhammad Azil Maskur
Fakultas Hukum Uniersitas Negeri Semarang
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Maskur, Muhammad Azil; Masyhar, Ali; Kusuma, Bagus Hendradi; Widyawati, Anis
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.33915

Abstract

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.
Kewenangan Mahkamah Pidana Internasional (ICC) dalam Mengeluarkan Surat Perintah Penangkapan terhadap Non-Anggota Statuta Roma: Studi Kasus Perintah Penangkapan Benjamin Netanyahu (The International Criminal Court (ICC) Jurisdiction: Arrest Warrants Beyond Rome Statute States, a Netanyahu Analysis) Maulana, Adrian; Damanyanti, Ratih; Maskur, Muhammad Azil
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28584

Abstract

Armed conflict has driven the evolution of International Humanitarian Law (IHL) to minimize suffering, yet severe violations persist, necessitating effective enforcement mechanisms like the International Criminal Court (ICC), established by the Rome Statute in 1998. The ICC holds jurisdiction over individuals responsible for genocide, crimes against humanity, war crimes, and the crime of aggression. This article analyzes the ICC's jurisdiction over non-member states of the Rome Statute and the validity of the warrant of arrest issued against leaders from such states, specifically Benjamin Netanyahu, Prime Minister of Israel. Although Israel is not a state party, the ICC can assert jurisdiction if the alleged crimes occurred in the territory of a state party or if the situation is referred by the UN Security Council, in line with the principle of complementarity. The issuance of the warrant of arrest against Netanyahu on May 20, 2024, was based on Article 58 of the Rome Statute following alleged war crimes and crimes against humanity in Gaza, a territory of Palestine (a state party to the Rome Statute), providing a strong legal basis. However, its implementation faces political challenges and rejection from some member states, which could violate their obligations under Article 86 of the Rome Statute.
REFORMULASI PERATURAN TENTANG DISABILITAS DALAM BIDANG PENDIDIKAN BERDASARKAN NILAI KEADILAN SOSIAL Lestari, Eta Yuni; Diamantina , Amalia; Maskur, Muhammad Azil; Santi, Yeni
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18342

Abstract

Fulfilling the rights of persons with disabilities is a shared responsibility between the government and society. Philosophically and juridically, the legal umbrella is the basis for fulfilling the rights of persons with disabilities in various fields. In reality, there is still discrimination against people with disabilities in various areas of life, including in the field of education. The problem formulation in this paper aims to examine how the reformulation of disability law policy in the education sector is in line with the values ​​of social justice. This research is normative legal research using a conceptual, statutory approach. Sources of legal materials are primary legal materials, namely from legislation, books and journals. The data collection method uses library research, analyzed using a deductive thinking process to draw conclusions. The results of the research show that legal reformulation of persons with disabilities in the education sector is carried out with reference to philosophical (in accordance with Pancasila), juridical (harmonization and synchronization) of regulations regarding persons with disabilities both based on national and global law), and sociological (discrimination against persons with disabilities still occurs). which is contrary to human rights). The reformulation framework proposed by the author, harmonization and synchronization in the use of the term and classification of "disability" in legislation, harmonization and synchronization of rights in the field of education, reviewing inclusive school policies so that they comply with the principles of social justice.
Same-Sex Marriage in the National Criminal Code Cahyani, Mutiara Gita; Maskur, Muhammad Azil
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3276

Abstract

Introduction: The complexity of the problems currently faced by society is related to the development of sexual behavior of same-sex intercourse. Reviewed from the health aspect, this act of intercourse has a higher risk of transmitting sexually transmitted diseases compared to general sexual behavior. In addition, this behavior is a sexual deviation that can also be used as means to commit a crime.Purposes of the Research: This study aims to identify, analyze and formulate a criminal policy on same-sex intercourse in the National Criminal Code.Methods of the Research: This research method uses a normative legal research type with a statute approach, a case approach and a conceptual approach. The legal analysis technique in this study was carried out kualitative.Results Main Findings of the Research: This study shows that the Criminal Code still has weaknesses in the elements of criminalization of perpetrators of same-sex intercourse. The weakness is that the National Criminal Code only recognizes limited intercourse only between men and women, related to same-sex indecent acts that can be subject to criminalization if carried out under certain conditions. The solution needs to be formulated to expand the norms and create specific regulations (lex specialis) related to these acts. This is to maximize criminalization not only as a repressive means but also as a preventive measure against same-sex intercourse which is categorized as a criminal act.
Illegal Nickel Mining in Protected Forests: Challenges in Whistleblower and Justice Collaborator Protection in Indonesia Utari, Indah Sri; Maskur, Muhammad Azil; Sumardiana, Benny; Ramada, Diandra Preludio; Alias, Nizamuddin
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i2.38220

Abstract

The systematic destruction of Indonesia’s Protected Forests—particularly in Southeast and Central Sulawesi—driven by illegal nickel mining operations poses an acute challenge to environmental rule of law. Utilizing data from recent cases (2023–2025) involving large-scale violations, such as those reported in the Mandiodo Block, this article critically assesses the effectiveness of existing legal mechanisms in protecting and utilizing key informants: the Corporate Whistleblower (WB) and the Justice Collaborator (JC). The analysis finds a significant gap between the legal mandate for protection and its implementation. Although Law No. 32/2009 (PPLH Law) guarantees identity confidentiality (Article 112), its utility is undermined by evidence of frequent retaliation against WBs—including job termination and counter-criminalization—by powerful corporate entities implicated in illegal nickel activities. Furthermore, the application of Law No. 31/2014 (LPSK Law) to grant JC status is often hindered by the reluctance of the judiciary to offer substantial sentencing concessions for environmental crimes, unlike in corruption cases. This reluctance limits the incentive for internal perpetrators to expose the Beneficial Owners who orchestrate the destruction of protected forest areas (e.g., the reported illegal clearing of hundreds of hectares for nickel ore extraction). This study concludes that the failure to establish robust, integrated legal immunity and sufficient sentencing differentiation for WBs and JCs transforms these protective instruments from effective crime-fighting tools into mere theoretical provisions. To successfully dismantle the complex, high-value chain of illegal nickel mining, the article recommends establishing a Specialized Penal Policy that standardizes the granting of JC status in environmental crimes, ensuring maximum physical and professional protection by the Witness and Victim Protection Agency (LPSK), and mandating its consideration for reduced sentencing to effectively breach the corporate veil.
Co-Authors 'Aisy, Firsta Rahadatul Ali Masyhar Alias, Nizamuddin Amiruddin, A.M Adzkiya' Amrullah, Ikram Angga Angga Anis Widyawati Cahyani, Mutiara Gita Cameron, Calvin Damanyanti, Ratih Diamantina , Amalia Diandra Preludio Ramada Hadiputra, Adrian Hidayatullah, Saifun Sakti Indung Wijayanto Kusuma, Bagus Hendradi Lestari, Eta Yuni Maajid, Hibatullah Mardiana - Masrukhi Masrukhi Maulana, Adrian Mursidah, Siti Musdalifah, Dyajeng Ayu PUJI LESTARI Rasdi Rasdi, Rasdi Ridwan Arifin Rohadhatul Aisy Santi, Yeni Setyanto, Heru Slamet Sumarto Sonny Saptoajie Wicaksono Teeraphan, Papontee Widodo, Mulyo Widodo, Mulyo