Claim Missing Document
Check
Articles

Found 33 Documents
Search

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, Pattimura University

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.
Legal Protection for Abusers as Self-Victimizing Victims in Countermeasures to Narcotics Crimes Puspitasari, Vera Desti; Maskur, Muhammad Azil
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41727

Abstract

Narcotics abuse is a social and legal problem that has various serious impacts in Indonesia. Not only individuals who consume them impact, but also have a wide impact on the people around them and the country's legal system. Therefore, the handling of narcotics abusers must be carried out comprehensively. Narcotics abusers are often positioned as mere perpetrators of crimes, even though they are also victims of psychological and physical dependence. The case described above creates a special concept known as self-victimizing victims, who are individuals who are victims of their own criminal acts. In Law Number 35 of 2009 concerning narcotics, there are regulations regarding criminal penalties for narcotics abusers, however law enforcement is still predominantly repressive. This article aims to knowing and understanding the concept of self-victimizing victims in drug abusers as an effort to overcome narcotics crimes, and to describe and provide policy recommendations regarding legal protection for narcotics abusers as self-victimizing victims in order to improve the prevention of narcotics crimes that are more humane and proportional. Therefore, the problem formulation emerged: 1.) How is the concept of self-victimizing victims in narcotics abusers as countermeasures to narcotics crimes? And, 2.) How is the policy recommendations legal protection for narcotics abusers as self-victimizing victims to overcome narcotics crimes?. This study uses a normative juridical research method with a qualitatively approach. In this study, it was found that legal protection for drug abusers as self-victimizing victims requires policy reform through a double track system approach, repressive and rehabilitative punishment.