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All Journal Batulis Civil Law Review West Science Law and Human Rights JURNAL SAINS, SOSIAL DAN HUMANIORA
Agustinus Jonas Sahetapy
Universitas Dr. Djar Wattiheluw
Humanities Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Ardy Gunawan Tomagola; Wahid Yaurwarin; Jakobus Anakletus Rahajaan; Agustinus Jonas Sahetapy; Reni Wahyuni Kalauw
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1129

Abstract

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.
The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Tomagola, Ardy Gunawan; Yaurwarin, Wahid; Rahajaan, Jakobus Anakletus; Sahetapy, Agustinus Jonas; Kalauw, Reni Wahyuni
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1129

Abstract

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.
Makasusue as an Instrument of Customary Legitimacy: A Study on the Practice of Child Acknowledgment in the Soa Matoke Community Sahetapy, Agustinus Jonas; Niapele, Sarifah
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3327

Abstract

Introduction: The issue of recognizing children born outside formal marital bonds remains a critical concern within indigenous communities, particularly when traditional values clash with the provisions of the state's positive legal system. In this context, the Soa Matoke indigenous community has developed its own mechanism known as makasusue, which serves as a means of resolution and social legitimization.Purposes of the Research: This study aims to examine and analyze the practice of makasusue as a customary instrument of legitimacy in the process of child recognition within the Soa Matoke community. The makasusue tradition holds a significant position in the social structure of the community, as it forms the basis for recognizing the identity and status of children born outside of formal marriage. This research seeks to explore how the makasusue mechanism is implemented, the customary values that underpin it, and its relevance to the principles of national law regarding child recognition.Methods of the Research: The research employs a qualitative approach. Data were collected through in-depth interviews with traditional leaders, soa heads, parents involved in the makasusue ritual, and other relevant parties, as well as participatory observation of makasusue practices in the field. The data are also supported by a review of customary documents and relevant regulations.Results Main Findings of the Research: The findings indicate that makasusue functions not only as a means of social reconciliation but also as a customary legal mechanism that provides social recognition and kinship rights to the child. This tradition represents a concrete manifestation of living law within indigenous society, although it continues to face challenges in its harmonization with Indonesia's positive legal system.
Legal Analysis of the Determination of Substitute Heirs According to the Compilation of Islamic Law Agustinus Jonas Sahetapy
JURNAL SAINS SOSIAL DAN HUMANIORA (JSSH) Vol. 4 No. 2 (2024): JSSH : Jurnal Sains, Sosial dan Humaniora
Publisher : Lembaga Penellitian, Pengabdian dan Publikasi (LP3M), UNIVERSITAS MUHAMMADIYAH MALUKU UTARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52046/jssh.v4i2.2332

Abstract

This writing aims to determine the position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law and the legal considerations of Judges in determining substitute heirs. The position of grandchildren as substitute heirs in the Islamic inheritance system according to the Compilation of Islamic Law based on Article 185 paragraph (1), a person can inherit because the replacement of place is the person who is replaced by his child must have died earlier than the testator and the person who is replaced by his child is an heir if he were still alive. In addition, the most important requirement is that both the actual heir and the successor heir must be Muslim. In addition, the background of the application for determination of heirs is also for the benefit of third parties who want to buy the inheritance so that to prevent problems in the future, it is necessary to determine the heirs.
Local Restorative Models in the Indonesian Legal System: Exploring the Values of Larwul Ngabal as Living Law in the Resolution of Communal Disputes Agustinus Jonas Sahetapy
JURNAL SAINS SOSIAL DAN HUMANIORA (JSSH) Vol. 5 No. 1 (2025): JSSH : Jurnal Sains, Sosial dan Humaniora
Publisher : Lembaga Penellitian, Pengabdian dan Publikasi (LP3M), UNIVERSITAS MUHAMMADIYAH MALUKU UTARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52046/jssh.v5i1.2481

Abstract

Larwul Ngabal is a customary legal system of the Kei community that has functioned as a restorative mechanism for resolving communal disputes. As a living law, Larwul Ngabal reflects the values of justice, harmony, and social balance that remain relevant in the context of Indonesian law. This journal explores the role of Larwul Ngabal in resolving communal conflicts and its potential for integration into the national legal system as a model of locally-based restorative justice.
Recognition and Establishment of the Naulu Customary Law Community as a Customary Law Community Unit in Central Maluku Regency Agustinus Jonas Sahetapy
JURNAL SAINS SOSIAL DAN HUMANIORA (JSSH) Vol. 6 No. 1 (2026): JSSH : Jurnal Sains, Sosial dan Humaniora
Publisher : Lembaga Penellitian, Pengabdian dan Publikasi (LP3M), UNIVERSITAS MUHAMMADIYAH MALUKU UTARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52046/jssh.v6i1.2754

Abstract

The existence of indigenous communities in Indonesia is constitutionally recognized through Article 18B paragraph (2) of the 1945 Constitution, but legal certainty requires formal designation at the regional level. This study focuses on the process of acknowledgment and designation of the Naulu community in Central Maluku Regency as a legitimate legal entity. The aim is to highlight the importance of formal legitimacy to strengthen collective identity, customary rights, and unique governance structures of the Naulu community, which have persisted amid modernization. The research method is normative juridical, examining the alignment between national and local regulations, including Regional Regulation No. 1 of 2006. The findings show that recognition of the Naulu community is more than mere administrative formality; it is a juridical and sociological necessity to protect their sovereignty from land conflicts and cultural erosion. Establishment through Regent’s Decision or Regional Regulation is a key requirement for their acknowledgment as an independent legal entity in managing resources and adat autonomy. The main obstacles are administrative complexities and the need for in-depth verification of customary land boundaries. Enhancing formal legitimacy is believed to bolster the community’s negotiation position and support sustainable cultural preservation. Therefore, regional governments must commit to expediting this process to ensure justice for the Naulu community.
Co-Authors Ardy Gunawan Tomagola Jakobus Anakletus Rahajaan Kalauw, Reni Wahyuni Niapele, Sarifah Rahajaan, Jakobus Anakletus Reni Wahyuni Kalauw Tomagola, Ardy Gunawan Wahid Yaurwarin Yaurwarin, Wahid