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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal Customary Law
Ahmad Redi
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Diplomacy Conceptualization For The Security State On Mineral Resources In Indonesia Ahmad Redi; Tina Amelia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4239

Abstract

Diplomacy is considered for the security state on mineral resources in Indonesia since Indonesia is a law country and has many mining sector possibilities which need to be secured, and created in response to reduce negative impact on mineral illegal mining activities which cause many negative results for Indonesia. Therefore, the Indonesia government needs an alternative effort which lines with the principles concluded by this research. By literatrue reviews employed for the investigation on some international practices published by reputable-indexed journals with the same issue, this research performs an information for the armed forces and the leadership of the Ministry of Law and Human Rights. In the absence of a generally accepted definition of "mineral mining activity diplomacy," the state (in this case, Indonesia) attempts to tailor its content to the requirements of the mineral resource security strategy. The study results that diplomacy involving natural resource mining has broad applicability to Indonesia since it encompasses state security policy creation and execution, as well as the establishment of permanent, cooperative international ties in the defense sector. The first step in realizing the concept's potential as a significant instrument is to conceptualize the mineral resource mining activity diplomacy for the security state in Indonesia from illegal mining activities.
Reconstruction of Legal Arrangements Concerning the Influence of Political Parties on the Independence of Members of the Regional People's Representative Council in the Indonesian Constitutional System Marsanova Andesra; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5775

Abstract

This study aims to analyze and reconstruct the legal regulations regarding the influence of political parties on the independence of DPRD members in the Indonesian constitutional system. Using normative juridical methods through legislative and conceptual approaches, this study found that although the principle of popular sovereignty in the 1945 Constitution of the Republic of Indonesia places the DPRD as an independent representation of the people, in practice there is dominance of political parties through the mechanisms of factions, party discipline, and Interim Replacement as regulated in Law Number 17 of 2014 concerning the MPR DPR DPD and DPRD and Law Number 2 of 2011 concerning Political Parties. This condition indicates a tendency for a hidden imperative mandate that weakens the independence of DPRD members and impacts the quality of regional democracy. Therefore, it is necessary to reconstruct legal regulations that emphasize the principle of a free mandate, limit political party intervention, and strengthen legal protection for the independence of DPRD members in order to realize substantive representative democracy.
Transforming Civil Servant Disciplinary Law in Indonesia: From Administrative Formality to an Integrated Corruption Prevention Instrument Moh Ibnu Ichwanusshofa; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5793

Abstract

The primary objective of this study is to analyze the legal transformation in the enforcement of civil servant discipline as an integrated instrument for the prevention of corruption. Corruption within the bureaucracy cannot be separated from disciplinary violations that are often treated merely as administrative formalities. Although regulated under Law Number 20 of 2023 on State Civil Apparatus and Government Regulation Number 94 of 2021 on Civil Servant Discipline, the enforcement of discipline still tends to be reactive and oriented toward individual sanctions, and has not functioned effectively as an early detection mechanism for potential corruption. This research employs a normative legal method using statutory, conceptual, and theoretical approaches. The analysis draws on the Broken Windows Theory and the Normalization of Deviance theory to explain how tolerance toward minor administrative violations may evolve into more complex forms of corruption. In addition, the legal system theory is applied to examine the interaction between legal substance, structure, and culture in the enforcement of civil servant discipline. The findings indicate that the primary weakness lies in the existing legal construction, which has not integrated disciplinary enforcement with a comprehensive corruption prevention system, along with the limited role of direct supervisors in monitoring and controlling bureaucratic behavior. This condition calls for the reconstruction of legal norms toward a more proactive and detective model of disciplinary enforcement, as well as the strengthening of administrative accountability of direct supervisors as part of an integrated corruption prevention effort.
Registration of Mining Business Permits in the Indonesian Minerba One Data System (MODI) of the Ministry of Energy and Mineral Resources Reviewed from the Perspective of State Administrative Law Muh. Rustiawan Ardiansyah; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5826

Abstract

This study examines the Mining Business Permit (IUP) registration regulations in the Minerba One Data Indonesia (MODI) system of the Ministry of Mineral Resources and Energy from the standpoint of State Administrative Law. The study problem's primary focus is on how the Minister of Energy and Mineral Resources' Decree Numbers 15.K/HK.02/MEM.B/2022 and 297.K/MB.01/MEM.B/2023 differ in their IUP registration regulations and how this affects how State Administrative Court rulings are implemented. The normative legal research method used in this study includes a statutory regulatory approach, a comparison approach, and a case approach. Both primary legal resources, like laws and court decisions, and secondary legal resources, such as relevant books and academic publications, are used. The findings demonstrate that legally binding court rulings are still accepted by the Minister of Energy and Mineral Resources' Decree Number 15 of 2022 as the foundation for processing and registering IUPs in the MODI system. However, this approach was modified by the Minister of Energy and Mineral Resources Decree No. 297 of 2023, which concentrated on the organization and reconciliation of licensing data by the national and local governments. This difference in regulation has the potential to create a conflict between administrative policies and the obligation to implement court decisions, as reflected in the PT Gapura Mario Sejahtera dispute. The Supreme Court's decision in this case emphasized that administrative policies cannot override the obligation of state administrative officials to implement legally binding court decisions.
Reconstruction of Criminal Law Policy in Handling Corruption Crimes Based on Illicit Enrichment to Realize Just Recovery of State Assets Asep Guntur Rahayu; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5831

Abstract

This study aims to analyze the weaknesses of positive criminal law policies in handling corruption crimes against state asset recovery, examine the lack of illicit enrichment norms in the Indonesian criminal law system, and reconstruct a model of illicit enrichment-based criminal law policy through an integrative approach of prevention and enforcement to realize just state asset recovery. The study employs a normative juridical method with a statutory and conceptual approach. The outcomes indicate that Indonesian positive law is still oriented towards the follow-the-act paradigm, so that it has not optimally pursued the proceeds of crime, while the non-adoption of Article 20 UNCAC into national law has created a lack of norms regarding unexplained wealth as an independent offense. The novelty of this study lies in the reconstruction of an integrative model that connects LHKPN, PPATK, taxation, banking, and beneficial ownership tracing through the stages of clarification, audit, disproportionate wealth analysis, asset recovery mediation, litigation, and confiscation while still guaranteeing due process of law, human rights protection, and ultimum remedium. This model produces a formulation of ius constituendum in the form of an ideal norm of illicit enrichment as the missing link in a more effective and equitable Indonesian asset recovery policy.
Co-Authors Amelia, Tina Asep Guntur Rahayu Marsanova Andesra Moh Ibnu Ichwanusshofa Muh. Rustiawan Ardiansyah