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Journal : Ipso Jure

The Legal Status of Customary Villages within the Framework of Special Autonomy in Papua A Perspective on Legal Politics Reumi, Frans; Reumy, Tom Alfa Samuel
Ipso Jure Vol. 1 No. 7 (2024): Ipso Jure-August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/czd2p497

Abstract

The purpose of this article is to explore the normative perspective of legal politics in applying the principle of decentralization, which grants authority to regions to regulate and manage their governance. This principle is manifested in regional autonomy and special autonomy for certain regions, such as Aceh, Papua, and West Papua, with constitutional foundations in Articles 1, 18, 18A, 18B (1) and (2), and 28I (3) of the 1945 Constitution of the Republic of Indonesia. These articles provide the legal basis for recognizing special regions and areas governed by laws, as stipulated in Article 399 of Law Number 23 of 2014, and Articles 94 to 111 of Law Number 6 of 2014. Regarding special autonomy in Papua, both philosophical and juridical aspects are addressed by Law Number 2 of 2021, which amends Law Number 21 of 2001 on Special Autonomy for Papua Province. This is supported by Government Regulations Number 106 and 107 of 2021, and further enforced by regional regulations, such as Papua Province Regional Regulation Number 3 of 2022 and Jayapura Regency Regional Regulation Number 1 of 2022 concerning Customary Villages. These regulations provide the legal framework for the nine customary law communities in the Tabi/Mamta area of Jayapura Regency. From a sociological perspective, these customary villages function within a traditional leadership system, led by senior figures known as Ondofolo (Ondoafi), reflecting the embedded customary institutional framework..
Corporate Criminal Responsibility in Land Grabbing Crime Reumi, Frans; Iskandar PP, Agus; Fatma, Mawarni
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rcxyps74

Abstract

Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the conceptĀ  of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law Reumi, Frans; Salmon, Harly Clifford Jonas
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.35

Abstract

This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the applicationĀ  of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.