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Independensi dan Akuntabilitas Ombudsman Republik Indonesia dengan Instrumen Westminster Foundation for Democracy (WFD) Ahmad Redi; Mohammad Ryan Bakry
Lex Publica Vol. 5 No. 2 (2018)
Publisher : APPTHI

Tulisan ini membahas mengenai bagaimana independensi dan akuntabilitas Ombudsman Republik Indonesia (ORI) dalam menjalankan tugasnya terhadap potensi intervensi dari Dewan Perwakilan Rakyat (DPR). Metode yang digunakan yaitu pendekatan kualitatif, dengan teknik pengumpulan data studi kepustakaan, dan teknik analisis data melalui teknik deskriptif analitis kualitatif. Berdasarkan penilaian melalui Instrument Institutional design and governance, Actual autonomy in exercising its mandate dari Westminster Foundation For Democracy (WFD) terdapat beberapa penilaian independensi dan akuntabilitas yang rendah, yaitu pada: (1) sufficiency of financial resources for performing its functions; (2) extent of autonomy to generate its own financial revenues; (3) security and stability of budget during past three years; dan (4) stability of staff and extent of staff turn-over. Ke depan ORI harus memperbaiki beberapa skor rendah independensi dan akuntabilitas dengan relasi kelembagaannya kepada DPR. Abstract This paper discusses the independence and accountability of the Ombudsman of the Republic of Indonesia (ORI) in carrying out their duties regarding potential intervention from the Peopleâ€™s Representative Council (DPR). A method is a qualitative approach, with library research data collection techniques and data analysis techniques through qualitative analytical descriptive techniques. Based on an assessment through the Instrument Institutional design and governance, Actual autonomy in exercising its mandate from the Westminster Foundation For Democracy (WFD), there are several assessments of independence and low accountability, namely on: (1) sufficiency of financial resources for performing its functions; (2) the extent of autonomy to generate its financial revenues; (3) security and stability of the budget during the past three years; and (4) stability of staff and extent of staff turn-over. In the future, ORI must improve several low scores on independence and accountability with its institutional relationship with the DPR. Keywords: Ombudsman of the Republic of Indonesia, independence, accountability, Power, Control

Cyber Legal Protection for Consumers in Cross-Border E-Commerce Transactions in the ASEAN Region Edy Krispono; Ahmad Redi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.667

This article discusses cyber legal protection for consumers in cross-border e-commerce transactions in the ASEAN region, focusing on an analysis of Indonesian national regulations and the ASEAN regional framework. The rapid development of cross-border e-commerce brings significant opportunities for digital commerce, but also presents serious challenges in consumer protection, particularly regarding transaction security, information transparency, misuse of personal data, and cross-border dispute resolution mechanisms. Indonesia already has several relevant regulations, such as Government Regulation Number 80 of 2019 regarding Commerce Through Electronic Systems, Law Number 1 of 2024 concerning Electronic Information and Transactions, Law Number 8 of 1999 concerned Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection. Although these regulations provide a basic framework, they are still limited in nature and cannot address the complexities of cross-border transactions. At the regional level, ASEAN has issued the ASEAN Agreement on E-Commerce, which encourages the establishment of a safe, fair, and inclusive digital commerce ecosystem. However, its implementation still faces challenges in legal harmonization, differences in consumer protection standards, and limitations in cross-border dispute resolution mechanisms. Therefore, strategic steps are needed to harmonize regulations across ASEAN countries, establish a regional dispute resolution forum, and enhance cooperation between supervisory authorities in the areas of digital trade and personal data protection. It will ensure more effective cyber legal protection for consumers in cross-border e-commerce transactions, bolster public trust, and strengthen digital economic integration in the ASEAN region.

Harmonization of Central and Local Regulations on Building Approval (PBG) in Indonesia: A Case Study of Tangerang City Miswar Mustari; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.515

The implementation of Building Approval (Persetujuan Bangunan Gedung – PBG), mandated by Law No. 11/2020 on Job Creation and Government Regulation No. 16/2021, has established a standardized licensing mechanism for construction activities across Indonesia. However, the transition from the former Building Permit (Izin Mendirikan Bangunan – IMB) to PBG has presented significant challenges at the local level, particularly in Tangerang City, where local bylaws remain only partially aligned with national legislation. This study aims to examine the harmonization between central and local regulations, identify inconsistencies, and analyze their implications for legal certainty and public service delivery. Utilizing a normative juridical method combined with case study analysis, the research reveals that fragmented regulatory frameworks hinder the efficiency of administrative services, generate overlapping authorities, and weaken legal clarity. The findings underscore the need for coherent regulatory drafting, improved institutional capacity at the local level, and participatory governance mechanisms to ensure effective implementation of PBG. By offering both theoretical insights and practical policy recommendations, this study contributes to the broader discourse on regulatory governance in decentralized systems and highlights pathways for enhancing legal certainty and service quality in Indonesia’s building sector.

Women as Couriers of Narcotics: A Reflection of Transnational Organized Crime in Indonesia (A Criminological and Gendered Perspective) R. Nurhadi Yuwono; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.516

This article examines the growing phenomenon of women being recruited and acting as couriers in transnational narcotics trafficking networks in Indonesia.The study argues that women's participation in this role is not an isolated criminal phenomenon, but rather a reflection or a "shadow" of Transnational Organized Crime (TOC) operations. The analysis highlights how drug syndicates exploit gender stereotypes that perceive women as less suspicious in the eyes of law enforcement, thereby increasing the chances of successful smuggling. The motives for women becoming couriers vary widely, including economic pressure, poverty, deception, and being victims of human trafficking. The article's central conclusion is that female couriers are often merely the "expendable pawns" or the tip of the spear in a much larger and more complex pyramid of criminal enterprise. The rising number of women couriers demonstrates the adaptability and sophistication of TOC syndicates in leveraging social vulnerabilities. Consequently, effective countermeasures require not only a strict law enforcement approach but also policies that address the root causes, such as economic empowerment, social protection, and enhanced international intelligence cooperation to dismantle the mastermind networks operating behind the scenes.

Constructing Institutional Safeguards in Fast Track Legislation to Maintain the Legal Politics of Law-Making for the Paramount Interest of the People Tuti Trihastuti Sukardi; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.521

Fast Track Legislation (FTL) as a method of law-making began to be practiced in Indonesia during the administration of President Joko Widodo. In contrast to other jurisdictions where FTL has long been institutionalized and operates without major controversy, its practice in Indonesia has provoked extensive public rejection. Drafting and passing laws at extraordinary speed has been criticized as procedurally defective, substantively inadequate, and inconsistent with the foundational principles of the rule of law and democratic constitutionalism. Consequently, laws formulated through this FTL have frequently been challenged by the public before the Constitutional Court through judicial review. This study examines the epistemological and ontological conception of FTL; how FTL is regulated and practiced in several countries; and what the ideal concept would be for formulating FTL in Indonesia in order to align legislative politics with the nation’s legal ideals. This study applies a normative juridical approach through literature review and comparative analysis. The findings are as follows: first, several countries, such as the United Kingdom, the United States, and New Zealand, regulate FTL as a law-making method, but restrict its application to extraordinary measures, rather than adopting it as a standard legislative procedure. Second, adopting FTL into Indonesia requires modification and contextual adaptation to the country’s constitutional and socio-political context. Third, establishing clear normative boundaries and institutional safeguards is essential in implementing FTL to ensure that the legal politics of law-making genuinely serve the paramount interest of the people.

Omnibus Law in Legislative Drafting: Realising High-Quality Legislation in Indonesia K. Johnson Rajagukguk; Faisal Santiago; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.530

The implementation of the Omnibus Law method in Indonesia represents a significant innovation in the formation of legislation aimed at ensuring legal quality, coherence, and efficiency. As noted by Jimly Asshiddiqie, the Omnibus Law can serve as a corrective mechanism to overcome hyper-regulation and legal fragmentation that have long undermined legal certainty and governance. However, its application raises questions about democratic legitimacy, public participation, and the balance of power among state institutions. From Hans Kelsen’s perspective, the Omnibus Law must still adhere to the principle of a hierarchical legal order (Stufenbau theory), ensuring that every regulation derives its validity from higher norms, ultimately grounded in the 1945 Constitution of the Republic of Indonesia (UUD 1945). Thus, while the Omnibus Law offers potential to enhance the quality of legislation in Indonesia, its success depends on maintaining constitutional conformity, participatory inclusiveness, and alignment with both theoretical and practical demands of a democratic legal state.

Legal Implications of Land Conversion for Mining Activities on Community Land Rights Royan Siagian; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.545

Land conversion for mining activities is a phenomenon that significantly impacts community land rights, especially for groups that depend on land for their livelihoods and cultural identity. In Indonesia, land conversion for mining purposes often gives rise to legal conflicts between land rights holders and mining companies that obtain permits from the government. Various regulations governing mining and land, such as the Basic Agrarian Law and the Law on Minerals and Coal (Minerba), serve as the legal basis for the land conversion process. However, in their implementation, there are overlapping regulations and legal gaps that have the potential to harm communities, particularly in protecting their land rights. This study aims to analyze legal regulations related to land conversion for mining and identify their legal implications for community land rights. Furthermore, this study also seeks to explore the forms of legal protection that can be provided to affected communities. The normative juridical technique, which looks at laws and regulations, legal theory, and legal principles related to land conversion and land rights, is the methodology employed in this study. Primary legal documents, such as international and national laws, as well as secondary legal materials, such as scholarly publications, legal literature, and the views of legal experts, make up the study's data sources. Applying a normative legal approach, this study focuses on conceptual and normative analysis of applicable legal provisions. Furthermore, this study also examines legal principles that can serve as a basis for formulating fairer and more sustainable policies in land management for mining. It is anticipated that the study's findings would help shape laws that better uphold communal land rights and reduce the likelihood of protracted agrarian strife.

The Existence and Relevance of Betawi Customary Law: Maintaining Local Wisdom Amidst Jakarta's Megapolitan Development Biem Triani Benjamin; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.546

As the indigenous people of Jakarta, the Betawi community faces an existential paradox where their identity is the foundation of the city's culture, yet they are systematically marginalized by rapid megapolitan development. Massive urbanization and modernization have not only displaced them spatially to the outskirts but also eroded their customary law practices and local wisdom. The existing legal framework, particularly Regional Regulation (Perda) No. 4 of 2015, tends to focus on preserving symbolic culture, such as arts and icons, but fails to provide substantive recognition to the Betawi community as a customary law community with collective rights. This study aims to analyze the legal limitations of Perda No. 4 of 2015 in protecting the existence of the Betawi community, examine the relevance of living Betawi customary law, such as deliberation, as a dispute resolution mechanism, and formulate the urgency of a paradigm shift from cultural preservation to rights recognition. This study uses a normative juridical method by analyzing laws and regulations, particularly Perda No. 4 of 2015, and linking it to the concept of customary law communities in the constitution and relevant legal theories. It found that the "cultural preservation" approach in the current regulation is ineffective in stemming marginalization because it does not provide a legal basis for essential rights such as land rights. On the other hand, customary law practices such as deliberation (musyawarah) have proven relevant and effective in maintaining social harmony within communities, demonstrating the persistence of local wisdom. However, without formal recognition, these mechanisms lack the legal force to withstand external pressures from development. The existence of the Betawi community is threatened because the existing legal framework is superficial. A policy reform that recognizes the Betawi community as a customary law community is needed. This recognition would provide a strong legal basis for protecting their collective rights and ensure that local wisdom is not merely preserved as an object but lives on as a relevant legal subject amidst modern Jakarta.

Toward Social Justice in Digital Transformation: Legal and Ethical Governance of Electronic Medical Records for Global Welfare Ade Netra Kartika; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.548

The accelerating digital transformation of healthcare across countries—driven by the adoption of Electronic Medical Records (EMR)—has reshaped the relationship between technology, ethics, and law. While EMR systems promise efficiency and interoperability, they also raise pressing issues of privacy, accountability, and equitable access. In developing contexts such as Indonesia, the challenge lies not only in technological implementation but also in ensuring that digital governance upholds the principles of social justice and human dignity. This study investigates how legal and ethical frameworks governing EMR in Indonesia align with global standards of justice and digital welfare. It aims to identify the normative gaps between regulation, ethics, and practice in digital health governance, proposing a regional framework for “digital justice.” Employing a qualitative legal-ethical approach, the study conducts comparative document analysis and case study evaluation of EMR regulations, including Indonesia’s Law No. 27/2022 on Personal Data Protection (Republic of Indonesia, 2022). These are benchmarked against international references such as the General Data Protection Regulation (GDPR), the WHO Digital Health Ethics Framework, and the OECD Principles on Data Governance. The comparative analysis reveals four thematic insights: (1) legal compliance and ethical governance; (2) digital inclusion and justice are hindered by structural disparities; (3) accountability mechanisms are underdeveloped; and (4) social justice principles are not yet institutionalized in digital health policy. The paper argues that sustainable digital transformation must integrate ethical equity, legal accountability, and participatory governance as interdependent pillars of “social justice in digital transformation.” The proposed model contributes to policy harmonization in Indonesia and reinforces the legitimacy of digital health governance within global welfare discourse.

Legal Vacancy in the Application of Exclusionary Rules of Evidence in the Process of Proving Narcotics Crimes in Indonesia I Made Juni Artawan; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.549

Evidence in narcotics cases plays a crucial role in determining substantive justice for the accused. One issue that arises in legal practice in Indonesia is the use of illegally obtained evidence, which has the potential to violate human rights and the principle of due process of law. In the modern criminal law system, the principle of exclusionary rules of evidence is recognized, namely, rules that exclude or reject evidence obtained unlawfully from being used in court. This principle aims to prevent abuse of authority by law enforcement officers and maintain fairness in the criminal justice system. However, in Indonesia, regulations regarding exclusionary rules of evidence are not explicitly regulated in the Criminal Procedure Code (KUHAP) or other laws and regulations, resulting in a legal vacuum in their application, especially in narcotics cases that often involve wiretapping, searches, and seizures by law enforcement officers. This study aims to analyze the legal regulations related to exclusionary rules of evidence in Indonesian criminal procedure law and identify legal vacuums in their application to evidence in narcotics crimes. This research employs a normative juridical method with a statutory and conceptual approach. The data used was obtained through a literature review of relevant legal regulations, legal doctrine, and court decisions. Using this approach, this research seeks to provide recommendations for legal reform that can address the legal gap in the application of exclusionary rules of evidence in Indonesia, particularly in handling narcotics crime cases, in order to align with the principles of due process of law and human rights protection.

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