Claim Missing Document
Check
Articles

Found 26 Documents
Search

The Role of the Prosecutor's Office in Rescuing State/Regional Assets as an Effort to Prevent Corruption in Indonesia Ricky Setiawan Anas; Ahmad Redi
International Journal of Sociology and Law Vol. 2 No. 1 (2025): International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i1.312

Abstract

The recovery of state/regional assets is one of the important strategies in preventing corruption in Indonesia. The AGO, as a law enforcement agency, has a central role in restoring state assets suspected of being the proceeds of corruption. However, in practice, the AGO faces various obstacles that affect the effectiveness of asset recovery. Legal constraints such as overlapping regulations, complicated procedures, and asset ownership, are core difficulties. In addition, limited human resources and technology, as well as socio-political factors involving corruption in government institutions, also worsen the asset recovery process. This research focuses on identifying and analyzing the obstacles faced by the AGO in recovering state and regional assets. It also aims to outline the necessary steps to enhance the AGO's effectiveness in preventing corruption.
Legal Efforts to Enhance the Effectiveness of Legal Protection for Victims of Human Trafficking Crimes Pambudi Pambudi; Ahmad Redi
Jurnal Hukum dan Sosial Politik Vol. 3 No. 3 (2025): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i3.5440

Abstract

This study aims to analyze the effectiveness of legal protection for victims of human trafficking in Indonesia, based on Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Legal protection for victims encompasses preventive measures, case handling, and the restoration of victims’ rights through available legal mechanisms. The focus of this research is to evaluate how far the existing regulations can provide comprehensive protection for victims—beginning from the victim identification process, through judicial proceedings, and continuing to social rehabilitation and reintegration into society. This study applies a normative juridical method that emphasizes legal norms and regulations in force. It also highlights the importance of synergy among law enforcement agencies, the government, and non-governmental organizations to ensure optimal protection for trafficking victims. The research identifies several challenges in the implementation of legal protection, such as limited human resources and inadequate facilities, lack of public legal awareness, and judicial processes that are often slow and unresponsive to victims’ needs. Another major obstacle is the lack of access to legal aid and recovery services, which are crucial for supporting victims’ reintegration and fulfillment of their human rights. This paper seeks to provide a clearer understanding of the current conditions regarding legal protection for human trafficking victims in Indonesia and to formulate recommendations for more effective and integrated policy improvements. Enhancing legal frameworks and improving inter-agency coordination are essential steps toward ensuring victims receive justice and the protection they are entitled to under human rights principles.
Problems of Regulatory Arrangements and The Urgency of Governance Reconstruction in The National Social Security System Yuli Farianti; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.6117

Abstract

National Social Security System constitutes a form of state responsibility in guaranteeing the fulfillment of the public’s right to social security as mandated by the 1945 Constitution of the Republic of Indonesia. In its implementation, the administration of the National Social Security System (SJSN) is carried out by the Government together with BPJS Kesehatan and BPJS Ketenagakerjaan as the organizing agencies of national social security programs. Nevertheless, the implementation of the SJSN continues to face various legal and institutional challenges, particularly regarding regulatory disharmony among Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS), and Law Number 17 of 2023 concerning Health. Such regulatory inconsistency has resulted in unclear distribution of authority between the Government and BPJS, overlapping institutional functions, and weak coordination in the administration of national social security programs. This study employs a doctrinal legal research method using statutory and library research approaches, analyzed through descriptive-analytical and prescriptive methods. The findings indicate that the regulation of authority relations and governance in the administration of the SJSN has not been implemented optimally. This is reflected in the unclear institutional position of BPJS within Indonesia’s constitutional system, the weak supervisory mechanism, and the dominant role of the Government in several strategic policies concerning the administration of national social security programs. Therefore, legal reconstruction is necessary through regulatory harmonization, clarification of the division of authority between the Government and BPJS, as well as the strengthening of supervisory mechanisms and institutional governance in order to establish a national social security system that is effective, transparent, accountable, and capable of providing legal certainty
State Responsibility in Fulfilling The Constitutional Right to Social Security: Evaluation of Actuarial Accountability and Financing Yuli Farianti; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.6118

Abstract

Discourse concerning state responsibility in fulfilling the constitutional right to social security is often constrained by the dilemma between normative mandates and fiscal capacity realities. Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution imperatively position the state as the principal axis in administering a universal national social security system. The sustainability of such a system heavily depends on the precision of actuarial accountability as an instrument for long-term risk projection. Failure to accurately project technical risks and the establishment of financing structures that are inconsistent with benefit obligations create serious threats to the resilience of the social security system. A juridical-doctrinal approach reveals a significant gap between the state’s obligation as the ultimate guarantor and the current management practices of trust funds, which remain largely reactive in nature. Decisions of the Constitutional Court further affirm the state’s position in guaranteeing absolute certainty of social protection for all citizens. Evaluation of financial governance demonstrates that neglecting actuarial valuation in strategic policymaking directly contributes to systemic instability. Dependence on ad hoc state budget interventions indicates the weakness of the current national financing system’s independence. Actuarial accountability must therefore be positioned as a mandatory risk-control instrument integrated into regulatory frameworks in order to prevent the risk of default. Synchronization between fiscal policy and rigorous actuarial calculations constitutes an essential prerequisite for fulfilling citizens’ constitutional rights. These fundamental rights must not be reduced to mere legal promises without adequate financial support. The transformation of the financing system toward a resilient, transparent, and risk-based model constitutes a crucial step in ensuring social justice. An ideal financing structure must be capable of balancing financial independence with the state’s obligation to protect the human dignity of all citizens. The integration of a unified data system and independent actuarial audits will strengthen the state’s credibility in sustainably managing public funds across generations.
Reconstruction of Environmental Crime Prevention Policy Through a Green Policing Approach from the Perspective of Environmental Criminal Law Reform in Riau Province I Made Juni Artawan; Ahmad Redi
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 3 No. 2 (2026): Juni: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v3i2.1696

Abstract

Environmental crimes, such as illegal logging, forest and land fires, and forest destruction remain serious problems in Indonesia, particularly in Riau Province, which has extensive forest and peatland areas and is vulnerable to various forms of environmental damage. Although various Environmental protection and management have been governed by laws and regulations, in practice, law enforcement against environmental crimes still faces various obstacles, both from regulatory, institutional, and effectiveness aspects of law enforcement. This study aims to analyze the legal regulations and implementation of the green policing concept in overcoming environmental crimes and formulate a reconstruction of policies for preventing environmental crime using a green policing approach from the standpoint of Riau Province's environmental criminal law reform. Normative juridical research with a legislative and analytical perspective is the research methodology used. The research results indicate that the application of the green policing concept has the potential to strengthen the environmental law enforcement system through a preventive, participatory, and collaborative approach with the community and other stakeholders. However, this concept has not been explicitly regulated in the national legal system, creating a normative vacuum in its implementation. Therefore, a reconstruction of environmental criminal law policy that integrates the green policing concept into the law enforcement system is needed to increase the effectiveness of environmental crime prevention sustainably, particularly in Riau Province
Legal Updates to the Regional Police Criminal Investigation Unit's Standard Operating Procedures in Handling Online Fraud Crimes to Ensure Legal Certainty and Justice Tri Satrio Sulistomo; Ahmad Redi
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 2 (2026): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i2.6247

Abstract

This study aims to analyze and reconstruct the operational standards of investigation by the General Criminal Investigation Unit of the Regional Police in handling online fraud crimes as part of legal reform efforts in Indonesia. The research method used is normative juridical with a statutory and conceptual approach, through a study of the Criminal Procedure Code, the Criminal Code, and Law Number 11 of 2008 concerning Electronic Information and Transactions, as amended by Law Number 1 of 2024 concerning Amendments to the ITE Law, as well as various relevant legal doctrines and literature. The results indicate that the existing legal construction has not been fully able to accommodate the characteristics of digital-based online fraud crimes, resulting in disharmony of norms, a lack of technical regulations, and irregularities in the implementation of investigations at the General Criminal Investigation Unit of the Regional Police. Empirical problems found include the lack of uniformity in standard operating procedures, limited investigator capacity in managing electronic evidence, obstacles to coordination with third parties, and jurisdictional constraints in cross-regional and cross-border cases. These conditions disrupt legal certainty and legal justice in the criminal justice system. Therefore, legal reform is needed through the reconstruction of operational standards for investigations that are adaptive to technological developments, strengthening the legitimacy of electronic evidence, harmonizing laws and regulations, and increasing institutional and human resource capacity. This study offers an ideal model for digital-based operational standards for investigations based on the principles of due process of law, legal certainty, and justice, in order to realize a law enforcement system that is effective, accountable, and responsive to the dynamics of modern crime.