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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmu Hukum Jurnal Media Hukum
Suardi Dg. Mallawa
Universitas Tadulako
Humanities Law, Crime, Criminology & Criminal Justice

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Kedudukan dan Perlindungan Hukum Justice Collaborator dalam Pengungkapan Jaringan Suap Ratna Tresnawati; Rahmat Bakri; Kamal; Suardi Dg. Mallawa; Syachdin
Jurnal Ilmu Hukum Vol. 15 No. 2 (2026): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/3q0why40

Abstract

Bribery as a form of organized corruption poses serious evidentiary challenges given its covert nature and the involvement of influential actors within circles of power. This study analyzes the legal standing of justice collaborators in bribery disclosure and evaluates the application of justice principles in their legal protection in Indonesia. It employs a normative juridical method with statutory, conceptual, and case-based approaches, analyzing legal materials qualitatively through deductive reasoning and comparison across judicial decisions. The findings reveal that although collaborator status is normatively recognized, its application remains inconsistent due to the absence of standardized eligibility criteria. Across six bribery cases, no collaborator received a sentence lighter than the prosecution's demand. Tommy Sumardi, Abdul Khoir, and Maliki were sentenced more heavily than demanded, the latter two after panels annulled the status granted by the Corruption Eradication Commission, while Andi Narogong's sentence rose from eight years at first instance to thirteen at cassation. This study recommends standardizing eligibility criteria through binding regulation, strengthening the binding force of witness protection agency recommendations, and codifying the collaborator's position within criminal procedural law.
The Legal Certainty of Community Participation Related to Mining Activities Muhammad Hatta Roma Tampubolon; Sitti Fatimah Maddusila; Zulkarnain Zulkarnain; Suardi Dg. Mallawa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
Pemenuhan Hak Kesehatan Warga Binaan Sebagai Tolak Ukur Tujuan Pemidanaan : Fulfillment Of Inmates’ Healthcare Rights As A Measure Of Punishment Objectives Atika; Rahmat Bakri; Ansar; Suardi Dg. Mallawa; Tri Setyawati
Jurnal Media Hukum Vol. 14 No. 2 (2026): Jurnal Media Hukum (JMH)
Publisher : Fakultas Hukum Universitas Tompotika Luwuk Banggai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59414/jmh.v14i2.1431

Abstract

Correctional institutions are obligated to fulfill inmates' right to health as a component of human rights guarantees and the objectives of criminal punishment. Yet severe overcrowding has created a substantial gap between normative guarantees and actual implementation, particularly amid rising rates of illness and mortality from infectious diseases within detention facilities. This study aims to analyze the fulfillment of inmates' healthcare rights at the Class IIA Palu Correctional Institution and to assess its alignment with the purposes of criminal punishment. The research employs a juridical empirical approach, incorporating statutory and case approaches. Primary data were collected through interviews with the clinic coordinator, the head of the health guidance and care sub-section, nurses, and inmates, supplemented by observation and document study. Data were analyzed using qualitative descriptive analysis combined with juridical analysis. The findings indicate that all four healthcare service functions are normatively available, yet implementation remains suboptimal: the preventive and curative functions operate relatively well, while the promotive function remains unstructured and the rehabilitative function is constrained by the absence of a permanently assigned general practitioner. Overcrowding at nearly three times the ideal capacity further compounds these limitations. Fulfillment of healthcare rights does not fully conform to the purposes of criminal punishment: from a retributive perspective, inmates experience additional suffering beyond court-imposed sentences; from a rehabilitative perspective, healthcare services remain reactive in orientation; and from a restorative perspective, the lack of structured promotive programs impedes inmates' readiness for social reintegration.
Co-Authors Ansar Atika Fattimah Maddusila Kamal M. Hatta Roma Tampubolon Rahmat Bakri Ratna Tresnawati Syachdin, Syachdin Tri Setyawati Zulkarnain Zulkarnain