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All Journal Spektrum Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Muhamad Helmi Md Said
Universiti Kebangsaan Malaysia
Law, Crime, Criminology & Criminal Justice

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A Comparison Between Indonesian and Malaysian Anti-Corruption Laws Tinuk Dwi Cahyani; Muhamad Helmi Md Said; Muhamad Sayuti Hassan
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 10, No 2 (2023): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Corruption is quite a complicated problem. It has made many countries, including Indonesia, to ratify the United Nations Convention Against Corruption (UNCAC). It is an effort to prevent and to eradicate corruption with international cooperation. Unfortunately, several studies have revealed that Indonesia is experiencing a legal vacuum on corruption because Indonesia only adopts a few points of the United Nations Convention Against Corruption in written regulations. The legal vacuum causes difficulties in the resolution of corruption cases. Compared to other countries, the Indonesia Corruption Perceptions Index is still quite high. It leads to some questions that are addressed in this study. First, why does Indonesia not adopt all articles of the United Nations Convention Against Corruption? Second, how are corruption cases in Indonesia managed after the ratification? Third, how is the comparison of the law to the Malaysia law? To answer the questions, this study used a normative method. It employed the analysis of primary and secondary data assisted using the nVivo 12 application. The study revealed that Indonesia cannot ratify all articles because Indonesia needs some adjustments to meet the required proportions before the new laws are passed. After the ratification, Indonesia seems to have better regulations and adequate existing conditions. Lastly, laws or regulations in Malaysia are more dynamic than Indonesia.DOI: https://doi.org/10.22304/pjih.v10n2.a7 
Urgensi Pengaturan Hukum Carbon Trading Dalam Kerangka Hukum Lingkungan Indonesia Edy Lisdiyono; Muhamad Helmi Md Said
SPEKTRUM HUKUM Vol 22, No 2 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i2.7042

Abstract

Climate change is one of the greatest challenges facing humanity in the 21st century. As a country with the third largest tropical forest in the world and a significant carbon emitter, Indonesia plays a strategic role in global greenhouse gas emission reduction efforts. Carbon trading has emerged as an innovative market instrument to promote efficient emission reductions. However, the legal regulation of carbon trading in Indonesia is still partial and lacks a comprehensive legal framework. This paper examines the urgency of establishing integrated carbon trading legal regulation within Indonesia's environmental law framework, analyzes existing regulations, identifies legal vacuums (rechtvacuum), and formulates policy recommendations. The research method used is normative juridical with statutory, conceptual, and comparative approaches. The results show that Indonesia needs a specific law on carbon trading that comprehensively regulates cap-and-trade mechanisms, voluntary carbon markets, registry systems, and dispute resolution mechanisms. Strong regulation will provide legal certainty for investors, encourage green investment, and accelerate Indonesia's transition to a low-carbon economy.
Co-Authors Edy Lisdiyono Muhamad Sayuti Hassan Tinuk Dwi Cahyani