Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Lentera Hukum Sriwijaya Law Review
Moch. Marsa Taufiqurohman
Universitas Padjadjaran
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Examining Recall of the House Member: How Does It Impact on Eradicating Corruption in Indonesia? Jayus Jayus; Muhammad Bahrul Ulum; Moch. Marsa Taufiqurrohman
Lentera Hukum Vol 7 No 1 (2020): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v7i1.14434

Abstract

This study aims to discuss the existing contentious recall policy that becomes the legitimate reason to replace or retire the House member proposed by political parties. The discussion also examines to what extent recall, in practice, whether it enables the promotion of Indonesia's anti-corruption agenda. Through the recall, political parties can withdraw their members in the House, either in the form of dismissal or changing positions before the end of the term of office of members who sit in the House of representatives. This study finds that the existing recall policy impedes democracy and negates how to eradicate corruption in Indonesia. As a result, the current policy needs an option to ensure that recall will work as it is expected. Therefore, this alternative should include constituents to propose recall, which will disrupt the existing parties' domination, resulted in a more participatory system, and it reflects the more reciprocal ways to link people, parties, and the House in Indonesian politics. The judiciary's role is another essential aspect to highlight, in which the process and settlement of the recall may involve the Constitutional Court as the hub of the political and constitutional settlement. KEYWORDS: Indonesian Democracy, Anti-Corruption Agenda, Recall Policy, Political System.
Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments I Gede Widhiana Suarda; Evan Hamman; Bayu Dwi Anggono; Fendi Setyawan; Moch. Marsa Taufiqurohman; Zaki Priambudi
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2726.pp38-59

Abstract

The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.
Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments I Gede Widhiana Suarda; Evan Hamman; Bayu Dwi Anggono; Fendi Setyawan; Moch. Marsa Taufiqurohman; Zaki Priambudi
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2726.pp38-59

Abstract

The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.
Co-Authors Bayu Dwi Anggono Evan Hamman Fendi Setyawan I Gede Widhiana Suarda Jayus Jayus Muhammad Bahrul Ulum Zaki Priambudi