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All Journal Masalah-Masalah Hukum LAW REFORM Jurnal Hukum Progresif Yustisia Al-'Adalah JURNAL LITIGASI (e-Journal) FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Dinamika Hukum Jurnal Hukum Novelty PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of SouthEast Asian Human Rights INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Integritas: Jurnal Antikorupsi Al-'Adl Substantive Justice International Journal of Law Lex Scientia Law Review Jambe Law Journal Bina Hukum Lingkungan Jambura Law Review Jurnal Yudisial Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Kosmik Hukum Community Development Journal Supremasi Hukum: Jurnal Penelitian Hukum AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM University Of Bengkulu Law Journal Indonesian Comparative Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Lampung Journal of International Law (LaJIL) Journal of Judicial Review Indonesia Private Law Review Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Majalah Keadilan NEGREI: Academic Journal of Law and Governance Administrative and Environmental Law Review Yuridika Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Lemhannas RI JUSTICIA SAINS: Jurnal Ilmu Hukum Bina Hukum Lingkungan Jurnal Hukum dan Peradilan Trunojoyo Law Review Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Hukum Pidana dan Kriminologi Al-Istinbath: Jurnal Hukum Islam Journal of Law, Environmental and Justice Jurnal Hukum Islam Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Strategi Memperkuat Integritas Lembaga Peradilan Indonesia Milthree Law Journal Judex Laguens Jurnal Dinamika Hukum Jurnal Legislasi Indonesia Lex Scientia Law Review "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies) International Law Discourse in Southeast Asia Indonesian Journal of Criminal Law Studies INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Jurnal Kajian Pembaruan Hukum Jurnal HAM International Journal of Constitutional and Administrative Law
Fernando, Zico Junius
Fakultas Hukum Universitas Bengkulu
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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LEGAL POLITICS FORMATION OF LEGISLATION IN THE INDONESIA NATIONAL LEGAL SYSTEM Fernando, Zico Junius
Jurnal Hukum Progresif Vol 10, No 1 (2022): April 2022
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.10.1.25-36

Abstract

Indonesia is a state of law (rechtstaat) where the main joint of the national legal system is legislation. The conception of a state of law desired by the founding fathers since the beginning of the struggle for independence contains the basic ideas in the preamble to the 1945 Constitution of the Republic of Indonesia. Legislation is an instrument needed in national legal efforts. Discussing statutory regulations in essence, cannot be separated from discussing statutory politics based on the principle that laws and or statutory regulations are part of a political product. The form of statutory regulations in government can differ from laws and regulations in other governments. This depends on the authority of each government. Fundamental questions are related to the legal politics of forming laws and regulations in the national legal system and formulating regulations in the future. The discussion results show that the development of law and the updating of materials to be by the needs and implementation of existing provisions, as well as the preparation of laws and regulations, has a dimension of benefit that is large enough to realize the ideals of the formation of law.
Reconstructing Environmental Criminal Law in Indonesia Through a Comparative Zemiological Legal Study Fernando, Zico Junius; Sueni, Annisa Sabilla; Arifin, Firdaus; Ramadhani, Susi; Zulaika, Almira Novia
TRUNOJOYO LAW REVIEW Vol 8, No 1 (2026): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i1.31912

Abstract

Environmental crimes in Indonesia are increasingly recognized not only as violations of legal norms but also as social and ecological harms affecting communities and ecosystems. However, the existing framework of environmental criminal law remains largely formalistic, emphasizing administrative violations and statutory illegality while insufficiently addressing the broader dimension of socio-ecological harm. This research examines how a zemiological perspective can contribute to the reconstruction of environmental criminal law in Indonesia through a comparative legal study. Using a normative juridical method with statute, conceptual, and comparative approaches, this study analyzes Indonesian environmental criminal law alongside developments in Belgium, the European Union, Argentina, Scotland, and the Philippines. The findings demonstrate that Indonesian law continues to rely on formal legality and weak corporate accountability, whereas comparative jurisdictions increasingly recognize severe environmental harm, ecocide, and collective victimization as bases for criminal responsibility. The contribution of this research lies in three main aspects. First, it develops a zemiological framework as a new theoretical basis for evaluating environmental criminal law beyond formal statutory violations, emphasizing social and ecological harm as the central criterion for criminalization. Second, it provides a systematic comparative legal analysis that identifies normative gaps between Indonesian law and emerging global models of harm-based environmental criminal law. Third, it proposes a conceptual model for reconstructing environmental criminal law in Indonesia by integrating the principles of social harm, the recognition of ecocide, and strengthened corporate liability.
LAND, LAW, AND JUSTICE: INDONESIA'S CRUSADE AGAINST LAND GRABBING IN THE ERA OF THE NEW CRIMINAL CODE Agusalim; Zico Junius Fernando; Ganefi
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 1 No. 1 (2023): INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Publisher : Adisam Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the intricate issues of land grabbing and agrarian conflicts in Indonesia, spotlighting the socio-economic and legal challenges faced by local communities, smallholders, and indigenous peoples. Utilizing a normative legal methodology, the study delves into statutory, conceptual, and futuristic approaches to analyze the phenomenon of land grabbing, which has been exacerbated by global food demand, economic interests, and the expansion of capitalism. The enactment of Law No. 1 of 2023 on the new Criminal Code (KUHP) in Indonesia marks a pivotal development in addressing crimes against land, offering robust legal protection against land dispossession, and ensuring equitable land transactions. The research underscores the dire need for agrarian reform, rooted in the principles of the Basic Agrarian Law (UUPA) and aimed at rectifying the unequal distribution of land. It argues for a balanced approach that harmonizes the interests of society, including marginalized groups, with those of investors to foster sustainable development and social justice. The study highlights the legislative efforts to tackle land-related crimes through the new KUHP, emphasizing the significance of transparency, fairness, and the protection of legal rights in land management. Through a comprehensive analysis, this research contributes to the discourse on sustainable national development, advocating for policy reforms and legal measures to combat land grabbing. It calls for a more democratic policy-making process, involving civil society's active participation, to ensure equitable land distribution and uphold the welfare of smallholders and indigenous peoples.
Legal Challenges in Criminal Execution of The Environmental Crime Cases in Indonesia: Efforts Toward Criminal Law Reform Widyawati, Anis; Fernando, Zico Junius; Arifin, Ridwan; Mursyid, Ali Masyhar
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/k1djt237

Abstract

Environmental crimes in Indonesia, including illegal logging, pollution, and ecosystem destruction, continue to pose serious challenges despite the existence of an extensive regulatory framework. Most previous studies on environmental law enforcement in Indonesia have focused on investigation, evidentiary issues, or corporate criminal liability, while the execution of criminal judgments in environmental cases remains underexamined. This article analyzes the legal and institutional obstacles affecting the execution of criminal judgments in environmental crime cases, particularly those involving corporations, fines, additional sanctions, and environmental restoration orders. This study employs normative legal research using statutory, conceptual, and comparative approaches. It examines Law on Environmental Protection and Management, the Criminal Code, the Criminal Procedure Code, and relevant sectoral regulations, and compares the Indonesian framework with selected practices in Germany, Brazil, and the United States. The analysis demonstrates that regulatory disharmony, overlapping institutional authority, limited procedural clarity, and weak post-judgment enforcement mechanisms undermine the effectiveness of environmental criminal law enforcement. The article argues that the central weakness of Indonesian environmental criminal enforcement lies in the post-judgment stage, where fines, additional penalties, corporate compliance orders, and restoration measures frequently remain ineffective in practice
Neurolaw and moral competence of corruption offenders: A criminal law analysis Zico Junius Fernando
Integritas: Jurnal Antikorupsi Vol 12 No 1 (2026): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v12i1.1553

Abstract

This article examines the relevance and limits of neurolaw in assessing the moral competence of corruption offenders within criminal law. The study responds to the growing use of neuroscience in criminal justice while recognizing that corruption remains a deliberate abuse of entrusted power that must not be excused through biological reductionism. Using normative legal research with statutory, conceptual, and comparative approaches, this article analyzes the relationship between mens rea, moral competence, neurocognitive impairment, and proportional criminal responsibility. The study finds that neurolaw may assist courts in understanding exceptional cases involving serious impairment of impulse control, moral reasoning, or executive function, but it should not be treated as a general defense for corruption. In an Indonesian context, its use must be limited, carefully regulated, and supported by strict evidentiary safeguards, independent forensic assessment, judicial gatekeeping, and protection against elite impunity. The article argues that neurolaw is relevant not to weaken anti-corruption enforcement, but to refine the assessment of culpability in rare and scientifically verifiable circumstances. Therefore, neuroscience-based evidence should complement, not replace, legal proof of intent, accountability, and public trust protection.
LEGAL RECOGNITION OF METAVERSE PROPERTY RIGHTS AND THE TRANSFER OF VIRTUAL ASSETS IN INDONESIAN PRIVATE LAW Zico Junius Fernando; Mas Putra Zenno Januarsyah; Firdaus Arifin; Vidyadhara Prawiratama Nugraha; Fardana Kusumah
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.5183

Abstract

Metaverse has transformed virtual assets into economically valuable objects that challenge conventional concepts of property under Indonesian private law. Although virtual assets such as cryptoassets, non-fungible tokens (NFTs), and metaverse property are widely traded, their legal status remains uncertain, creating ambiguity regarding ownership, transfer, and legal protection. This study examines the normative basis for recognizing virtual assets as objects of property rights within Indonesia's civil law system. Using a normative juridical method with a comparative approach, the study analyzes Indonesian private law alongside developments in England and Wales, Singapore, Japan, and the European Union. The findings demonstrate that virtual assets satisfy the defining characteristics of intangible property, including identifiability, exclusive control, transferability, and economic value, making them capable of recognition as objects of proprietary rights. The study further argues that blockchain-based transfers and smart contracts can operate as legally valid mechanisms for transferring ownership when supported by appropriate legal recognition. To strengthen legal certainty, Indonesia should recognize virtual assets as a distinct category of intangible property, adapt property law to digital transactions, strengthen proprietary remedies, and modernize dispute resolution and cross-border enforcement. These reforms would provide a coherent legal framework for protecting virtual assets and support the development of Indonesia's digital economy.
Reclaiming Our Roots: Agrarian Law's Battle Against Land Grabbing Emelia Kontesa; Zico Junius Fernando
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.10681

Abstract

The huge structural inequality in agrarian tenure in Indonesia after 78 years of independence, where a small elite controls the majority of land, contradicts the principles of egalitarianism and social justice enshrined in Indonesia's agrarian constitutionalism. In this context, corruption in the agrarian sector, especially in the palm oil and forestry industries, shows weaknesses in monitoring and law enforcement. The Job Creation Law and other liberal-capitalistic policies are feared to potentially violate human rights, including the rights to land, work, and a healthy environment. Failure to implement agrarian reform has impacted food sovereignty, social injustice, and environmental damage. The neglect of human rights principles in agrarian issues, such as land grabbing and discrimination in access to natural resources, as well as the failure to provide effective conflict resolution mechanisms, has increased agrarian inequality and conflict. This research uses a normative juridical approach (library research), and the analysis is carried out using a statute approach, conceptual approach, comparative approach, historical approach, and futuristic approach. Research Results To achieve agrarian justice, serious efforts are needed, including restoring agrarian constitutionalism as the foundation of the nation's life, forming an Agrarian Reform Advisory Board, revoking the Job Creation Law, forming an Agrarian Reform Implementing Agency directly under the President, and implementing priority locations for agrarian reform. It is also important to stop arrests, intimidation, and violence against farmers, indigenous peoples, laborers, fishermen, and activists by the police, and restore fuel subsidies for small farmers, traditional fishermen, and vulnerable communities. The role of people's organizations and social movements in strengthening people's initiative-based agrarian reform practices and calling for a holistic and social justice-focused approach to address agrarian issues in Indonesia.
Politics and Green Financial Crime: Envisioning a Sustainable Democratic Future in Indonesia Yagie Sagita Putra; Pujiyono Pujiyono; Nur Rochaeti; Zico Junius Fernando
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15576

Abstract

The Indonesian Financial Transaction Reports and Analysis Center (PPATK) in Indonesia has uncovered a significant issue concerning illegal financial transactions linked to environmental crimes. They have identified that approximately 1 trillion Rupiah, obtained from such green financial crimes, is being funnelled into political parties for the 2024 elections. This discovery is particularly alarming, as it raises serious concerns about the integrity of the democratic process and the sustainability of the nation's political future. The PPATK's findings indicate that this illegal funding comes from various environmental crimes, including illegal logging and other environmentally damaging activities. The fact that these funds are being used to finance political campaigns implies a deeply concerning intersection between environmental crime and political corruption. This situation exemplifies a broader category of 'green financial crime', where environmental exploitation is directly linked to illicit financial gains. Results This research investigates the implications of these financial irregularities for the country's commitment to environmental conservation and the development of green policies. It discusses the broader implications for Indonesia's democratic order and urges a re-evaluation of current political funding mechanisms, advocating for transparent and accountable practices to ensure electoral integrity and promote a sustainable democratic future. The importance of collective action, involving civil society, policymakers, and international partners, to address the linkages between politics, democracy, and green financial crime ultimately protects Indonesia's democratic values and environmental heritage.
The Convergence of Drug Trafficking and Terrorism: Uncovering the Dynamics of Narco-Terrorism Kiki Kristanto; Zico Junius Fernando; Ridwan Arifin; Anis Widyawati
Yustisia Vol 13, No 3: December 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i3.81599

Abstract

Drug trafficking and terrorism have seriously threatened many countries' global stability and national security. However, in recent years, there has been an increasing trend of convergence between drug trafficking and terrorism, forming a phenomenon known as narco-terrorism. The article seeks to reveal the relationship between narcotics trafficking and terrorism, a phenomenon often called narco-terrorism. This study's normative legal research method utilizes conceptual and comparative approaches. The results reveal that the convergence between drug trafficking and terrorism seriously impacts security, economy, and social stability. The drug trade provides a substantial source of income for terrorist groups, enabling them to expand their networks, purchase weapons, and launch terror attacks. Conversely, terrorist groups provide drug traffickers protection, infrastructure, and access to drug markets. This study provides important insights for governments, law enforcement agencies, and international organizations in designing effective strategies and policies to counter narco-terrorism. By understanding the dynamics and mechanisms of convergence between drug trafficking and terrorism, appropriate preventive and countermeasures can be taken to mitigate the threats faced by the global community.
THE ANOMALY OF PRETRIAL AUTHORITY IN INDONESIAN LAW ENFORCEMENT: An Analysis of Decision Number 24/PID/PRA/2018/PN.JKT.SEL Zico Junius Fernando
Jurnal Yudisial Vol. 17 No. 2 (2024): Child Protection
Publisher : Komisi Yudisial RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29123/jy.v17i2.553

Abstract

Pretrial Decision Number 24/PID/PRA/2018/PN.JKT.SEL, issued on 9 April 2018, became crucial in the Bank Century corruption scandal. In its ruling, Single-Judge Effendi Mukhtar ordered the Corruption Eradication Commission to continue the investigation or, if necessary, transfer the case to the police and the prosecutor’s office for further handling. It also clarified the legal status of senior officials, including former Bank Indonesia Governor Boediono, Deputy Governor Muliaman D Hadad, and former Secretary of the Financial System Stability Committee Raden Pardede. The decision sparked controversy due to the unclear legal status of certain defendants. This study employs a normative legal research method with a literature review using legislative, conceptual, and case-based approaches. This analysis is descriptive-prescriptive, examining legal sources and previous rulings. The result shows that the pretrial decision has sparked controversy and attracted significant legal attention. It extends pretrial authority by designating suspects not directly involved in the case. The ruling is assumed to exceed jurisdictional limits set by Article 1 point 10, Article 82 of the Criminal Procedure Code, Supreme Court Regulation Number 4 of 2016, and Article 53 of Law Number 48 of 2009, which may lead to injustice and undermine legal certainty for the defendant. Therefore, addressing this issue requires revising pretrial procedures, training judges and law enforcement, developing consistent guidelines, and strengthening oversight to ensure fairness and transparency.
Co-Authors Achmad Cholidin Agus Manfaluthi Agus Salim Agus Salim Agusalim Agusalim Agusalim Agusalim Agusalim, Agusalim Ahmad Wali Akhmad Akhmad Ali Huristak Hartawan Hasibuan Ali Masyhar Ana Silvia Ana Silviana Ana Tasia Pase Anditya, Ariesta Wibisono Anis Widyawati Annisa Salsabila Anwar, M. Ian Hidayat Arifin , Firdaus Aris Hardinanto Aris Hardinanto Aris Hardinanto Asrul Ibrahim Nur Barda Nawawi Arief Baskara, Agri Beniharmoni Harefa Benny Sumardiana Bhanu Prakash Nunna Chairul Huda, Chairul Dahwal, Sirman David Aprizon Putra David Aprizon Putra, David Aprizon Dhita Widya Putri Dini Dewi Heniarti Dwiyanto, Hendri Efren Nova Eka Nugraha Putra Emelia Kontesa Emelia Kontesa Emi Puasa Handayani Fadhil, Moh. Fardana Kusumah Feka, Mikhael Firdaus Arifin, Firdaus Firdaus, Arifin Ganefi Ganefi Hamdani Maakir Hamonangan Albariansyah Hartati, Sawitri Yuli Herlambang Herlina Manullang Humana, Sri I Gusti Ayu Ketut Rachmi Handayani Ilham Kurniawan Ardi Imanuddin, Muhammad Iskandar Iskandar Jaco Barkhuizen Jaco Barkhuizen Jaco Barkhuizen Joko Setiyono Joko Susetyanto Kasmanto Rinaldi Kayus K Lewoleba Kiki Amaliah Kiki Kristanto Kontesa, Emelia Kristanto, Kiki Kurnia Dewi Anggraeny Kusumah, Fardana Laily Ratna Lestari Victoria Sinaga, Lestari Victoria M Abdi Maharani, Asari Suci Mahmud Mulyadi Mahmutarom, Mahmutarom Mahrus Ali Mas Putra Zenno Januarsyah Maskur , Muhammad Azil Mikhael Feka Mikhael Feka Muchlas Rastra Samara Muksin Muhamad Adystia Sunggara Muhammad Rustamaji Muhammad Yusuf Akbar Muthia, Arini Azka Muwaffiq Jufri Nahdiya Sabrina Naidah, Siti Nur Rochaeti Nur Rochaeti Nur Rochaeti, Nur Nurhayati Mardin Panca Sarjana Putra Panca Sarjana Putra Papontee Teeraphan Papontee Teeraphan Priyono, Erwan Adi Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Putra Perdana Ahmad Saifulloh Putra, Panca Sarjana Putra, Yagie Sagita R.B Sularto Rachmat Akbar Ramadhani, Susi Rangga Jayanuarto Ria Anggraeni Utami Ria Anggraeni Utami Ria Anggraeni Utami Ridwan Arifin Romziatussaadah Romziatussaadah Rosmanila Sacipto, Rian SALSABILA, ANNISA Sary, Wevy Efticha SAUNI, HERAWAN Sauni, Herawan Septa Candra Sherly Nelsa Fitri Sidauruk, Jupenris Silvia, Ana Sinaga, Lestari Sinaga, Pidari Solehuddin Solehuddin Sri Wulandari Sri Wulandari Sudirman SItepu Sueni, Annisa Sabilla Syamsudin Syamsudin Syamsudin Taniady, Vicko Teeraphan, Papontee Timotius Febry Cristian Wahyu Sutrisno Trinas Dewi Hariyana Try Mulya Naposo Siregar Utami, Ria Anggraeni Vidyadhara Prawiratama Nugraha Virdaus, Saivol Wali, Ahmad Wevy Efticha Sary Widi Wiranti Wiwit Pratiwi Yagie Sagita Putra Yagie Sagita Putra Yagie Sagita Putra Yusriyadi Yusriyadi Yusriyadi Yusriyadi Zainal Arifin Zainal Arifin Zulaika, Almira Novia